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HomeMy WebLinkAboutCC 2005-04-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, April 28, 2005 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes April 28, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES FR - FIRST READING ORDINANCES PART B PZ - PLANNING AND ZONING ITEMS 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 28th day of April, 2005, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Joe Sanchez at 9:27 a.m., recessed at 11:57 a.m., reconvened at 12: 07 p.m., recessed at 12:53 p.m., reconvened at 2:37 p.m. and adjourned at 5: 06 p.m. ALSO PRESENT: Linda Haskins, Deputy City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk Chairman Sanchez: Ladies and gentlemen, good morning. The City of Miami Commission meeting is called to order here at our beautiful City Hall. I want to take the opportunity to say good morning and welcome each and every one of you to City Hall to see your government in action. We'll go ahead and start with the invocation, followed with the pledge of allegiance. We do have the order of the day, which is the agenda set forth that'll be in front of all those that are City of Miami Page 2 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 in front of City Hall, so please stand up and join me in an invocation. Invocation and pledge of allegiance. PRESENTATIONS AND PROCLAMATIONS PR.1 05-00369 CEREMONIAL ITEM Commissioner Carlos A. Gimenez Mayor Diaz Proclamation Municipal Clerks Week Chairman Sanchez Proclamation 05-00369-cover page.pdf 05-00369-protocol.pdf Chairman Sanchez presented a proclamation in recognition of Municipal Clerks Week to the Office of the City Clerk. Note for the Record: The proclamation to County Commissioner Gimenez was not presented. Chairman, at this time, we do have one proclamation, and it is for the Municipal Clerks Week throughout our great nation. Presentation made. MAYORAL VETOES NO MAYORAL VETOES Chairman Sanchez: All right. For the record, there are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of March 24, 2005 Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: And we'll go ahead and start with the approval of the minutes. Before we get into the regular agenda, let's go ahead and approve the minutes. We need a motion approving the minutes for Planning and Zoning meeting of March 24, 205 [sic]. Is there a motion? Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. ORDER OF THE DAY City al Miami Page 3 Printed on 5/26,2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: -- that arrived for this afternoon PZ (Planning and Zoning) items, let me read a couple of things into the record. Any person acting as a lobbyist, pursuant to our ordinance, must register with the City Clerk prior to engaging in any lobbying activity before this legislative body, board, or any committee of the City of Miami. We also ask any person that making slanderous remark or being a little loud, you will be asked to leave the chambers in a very respectful manner. We also ask that if you're interested in obtaining a copy of the agenda, five days before the Commission meeting, contact the City Clerk's Office and one will be provided for you, and also, anyone speaking on any of the items on PZ will be sworn in. Before you come up, please state your name and address for the record. We'll go into the public hearings. We were scheduled this morning. However, due to the PZ item that was extended, we're going to be taking up the PZ items this afternoon. We'll go into -- before we go into the presentation and proclamation, which we do have one proclamation to be presented here today, let me just state for the record that any person who acts as a lobbyist, pursuant to City of Miami Ordinance 11469, must register with the City Clerk prior to engaging in any lobbying activity before this legislative body, or any board, or City staff. Any person who becomes slanderous or makes slanderous remarks in this Commission will be politely escorted out and asked to leave. Anyone interested in an agenda, within five days, you can contact the City Clerk and one will be provided for you. Any person who seeks to speak to this Commission must register with the City Clerk. Also, before state -- speaking, must state your name and address for the record. CONSENT AGENDA CA.1 05-00210 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE AMOUNTOF $50,000, IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND H & R PAVING, INC., FOR THE PROJECT ENTITLED "CITYWIDE PEDESTRIAN ROUTES IMPROVEMENTS B-43114," AUTHORIZED BY RESOLUTION NO. 04-0539, ADOPTED SEPTEMBER 9, 2004; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS ACCOUNT NO. 341330. 05-00210-resolution.pdf 05-00210-exhibit. pdf 05-00210-ex h i b itA. pd f 05-00210-exh i b i tB. pd f 05-00210-exhibitl .pdf 05-00210-summary form.pdf 05-00210-pre resolution.pdf 05-00210-tabulation of bids.pdf 05-00210-fact sheet.pdf 05-00210-co ntract. pdf ADOPTED R-05-0277 This matter was ADOPTED on the Consent Agenda. CA.2 05-00303 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Public Works PROCUREMENT OF ONE VACTOR TRUCK, MODEL 2115-16, WITH City of Miami Page a Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 EQUIPMENT THAT INCLUDES FIVE (5) JET HEADS, ONE ROTARY ROOT CUTTER, AN OPTIONAL EXTENDED WARRANTY PACKAGE AND FLEET MANAGEMENT SOFTWARE, FROM ENVIRONMENTAL PRODUCTS OF FLORIDA, UTILIZING CITY OF FORT LAUDERDALE BID NO. 242-9077, EFFECTIVE THROUGH THE END OF FISCAL YEAR 2004-2005, SUBJECT TO EXTENSIONS OR REPLACEMENT CONTRACTS, FOR THE DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION, IN AN AMOUNT NOT TO EXCEED $249, 202; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT NO. 352296, B-30156. 05-00303-resol ution. pdf 05-00303-summary form.pdf 05-00303-memo. pdf 05-00303-purchasing consent agenda.pdf 05-00303-environmental products of florida.pdf 05-00303-city fax.pdf 05-00303-checklist.pdf 05-00303-purchase order.pdf 05-00303-bid tabulation.pdf 05-00303-invitation to bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0255 CA.3 05-00327 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Fire -Rescue OF MUNICIPAL EQUIPMENT COMPANY, LLC, AND ARMORED TEXTILES, RECEIVED ON FEBRUARY 16, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-018, FOR THE PROCUREMENT OF FIRE HOSES, FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED CONTRACT BASIS, FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $14,000, FOR THE CURRENT FISCAL YEAR 2004-2005 AND AT AN ANNUAL AMOUNT NOT TO EXCEED $40,000, FOR FISCAL YEARS 2005 AND 2006, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $94,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $13,000, FOR THE CURRENT FISCAL YEAR 2004-2005, FROM THE FIRE -RESCUE GENERAL OPERATING BUDGET, ACCOUNT NO. 01000.280601.6.709 AND AN AMOUNT NOT TO EXCEED $1,000, FROM THE FIRE -RESCUE GENERAL OPERATING BUDGET ACCOUNT NO. 001000.280701.6.709, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 05-00327-resol ution. pdf 05-00327-summary form.pdf 05-00327-bid security list.pdf 05-00327-award form.pdf 05-00327-tabulation of bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City ofMiarni Page 5 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 CA.4 05-00328 Department of Solid Waste CA.5 05-00329 Department of Parks and Recreation R-05-0256 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF BUSCH SYSTEMS INTERNATIONAL, INC., RECEIVED ON FEBRUARY 14, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-017, FOR THE DEPARTMENT OF SOLID WASTE, FOR THE PURCHASE OF FOUR THOUSAND EIGHT HUNDRED (4,800) 18-GALLON RECYCLING BINS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $23,904, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $71,712; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 353019.329401.6.840. 05-00328-resolution.pdf 05-00328-summary form.pdf 05-00328-bid security list.pdf 05-00328-tabulation of bids.pdf 05-00328-award form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0257 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2005" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN AN AMOUNT NOT TO EXCEED $573,894, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") THROUGH THE FLORIDA DEPARTMENT OF EDUCATION ("DOE"); AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM USDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE SCHOOL BOARD OF MIAMI DADE COUNTY ("SCHOOL BOARD") FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY OF MIAMI'S 2005 SUMMER FOOD SERVICE PROGRAM, OPERATED BY THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS FOR SAID MEALS, FROM THE SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2005 SPECIAL REVENUE FUND. City gf Mann Page 6 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 05-00329-resol ution. pdf 05-00329-exhibitl .pdf 05-00329-exh i bit2. pdf 05-00329-summary form.pdf 05-00329-sponsor application checklist.pdf 05-00329-order form.pdf 05-00329-free milk scale.pdf 05-00329-sites.pdf 05-00329-city of miami.pdf 05-00329-agreement.pdf 05-00329-free meal policy statement.pdf 05-00329-preaward form.pdf 05-00329-camps.pdf 05-00329-internal controls.pdf 05-00329-signature form.pdf 05-00329-calendar.pdf 05-00329-enrollment. pdf 05-00329-application for participation.pdf 05-00329-summer food FY 05.pdf 05-00329-charts.pdf 05-00329-memo.pdf 05-00329-i n s u ra n ce. pd f This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0258 CA.6 05-00330 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID Fire -Rescue OF CADEX ELECTRONICS, INC., THE SECOND LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, DATED JANUARY 7, 2004, PURSUANT TO INVITATION FOR BIDS NO. 03-04-011, FOR THE PROCUREMENT OF 25 CADEX C7400 BATTERY ANALYZER SYSTEMS AND ACCESSORIES, FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $58,637.50; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 313305, ENTITLED "FIRE -RESCUE HOMELAND DEFENSE PREPAREDNESS INITIATIVES" AS PROJECT NO. B-72813 UNDER THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM. 05-00330-resol ution. pdf 05-00330-summary form.pdf 05-00330-cadex electronics.pdf 05-00330-award form.pdf 05-00330-memo. pdf 05-00330-tabulation of bids.pdf 05-00330-bid security list.pdf 05-00330-city fax.pdf 05-00330-diagram.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 7 Primed on 5/25/2005 City Commission Verbatim Minutes April 28, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0262 Chairman Sanchez: We go to CA.6 for the purpose of discussion. Commissioner Allen. Commissioner Allen: Yeah. This is just a quick observation on my part. I'd just like to know, with respect to -- OK, I note here that we have now secured the second lowest bidder. Could somebody just simply expound on that? The first lowest bidder, was there a time lag as to why it was not executed on or what was the issue here? Chief William Bryson (Fire Chief City of Miami): I'm going to let -- Commissioner Allen: Because I just want to make -- Chief Bryson: -- Glenn Marcos answer that because he's the procurement -- Commissioner Allen: I just want to make sure there was a fairness process here, for the record. Marcos. Glenn Marcos: Glenn Marcos, Purchasing Director. Commissioner Allen: Right. Mr. Marcos: We, actually, issued this actual bid last year -- Commissioner Allen: Right. Mr. Marcos: -- and at this particular point in time, we went back to the actual low bidder and asked whether or not they would extend or honor the bid prices that was provided to the City a year ago. Commissioner Allen: Correct. Mr. Marcos: They came back and advised purchasing that they're not -- no longer the actual authorized dealer -- Commissioner Allen: I see. Mr. Marcos: -- for the Cadex battery analyzer, so what we did was we went to the second low bidder -- Commissioner Allen: OK Mr. Marcos: -- and the second low bidder is now the authorized distributor for that particular battery analyzer, and therefore, we're making recommendation to award -- make award to that particular bidder. Commissioner Allen: OK, fine. Thank you. Chairman Sanchez: All right. Any fur -- Commissioner Allen: Move the item. Chairman Sanchez: -- any other questions on the item? That's CA.6. Hearing none, we need a motion to approve. City of Miami Page 8 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 CA.7 05-00331 Department of Police CA.8 05-00332 Commissioner Winton: Move it. Commissioner Allen: Move it. Chairman Sanchez: There's a motion by Commissioner -- Commissioner Winton: Second. Chairman Sanchez: -- Winton, second by Commissioner Allen. Any further discussion on CA.6? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We do have one more item, which is CA.10, which has been tabled for this afternoon. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 04-05-013R, THAT THE FIRM MOST QUALIFIED TO PROVIDE A SURVEILLANCE PLATFORM, FOR THE DEPARTMENT OF POLICE IS INNOVATIVE SURVEILLANCE TECHNOLOGY, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH INNOVATIVE SURVEILLANCE TECHNOLOGY, INC., THE TOP -RANKED FIRM, FOR A SIX-MONTH PERIOD, IN AN AMOUNT NOT TO EXCEED $199,750; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $150,000, FROM CAPITAL IMPROVEMENT PROGRAM HOMELAND DEFENSE PREPAREDNESS INITIATIVE, ACCOUNT CODE NO. 312048.299307.6.840 AND AN AMOUNT NOT TO EXCEED $49,750, FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT IX, ACCOUNT CODE NO. 142023.290548.6.840. 05-00331-resolution.pdf 05-00331-exh ibitl .pdf 05-00331-exh ibit2. pdf 05-00331-exh ibit3. pdf 05-00331-summary form.pdf 05-00331-summary sheet.pdf 05-00331-mem o. pdf 05-00331-board address.pdf 05-00331-police department. pdf 05-00331-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0259 RESOLUTION City ofMiami Page 9 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire -Rescue OF HACKNEY EMERGENCY VEHICLES, RECEIVED ON FEBRUARY 14, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-003, FOR THE PROCUREMENT OF ONE (1) TRT TRACTOR/TRAILER RESPONSE VEHICLE, WITH WARRANTY, FOR THE DEPARTMENT OF FIRE -RESCUE, AT AN AMOUNT NOT TO EXCEED $315,202; ALLOCATING FUNDS FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II, PROJECT NO. 110111, ACCOUNT NO. 280910.6.840. 05-00332-resol ution. pdf 05-00332-summary form.pdf 05-00332-award form.pdf 05-00332-tabulation of bids.pdf 05-00332-email.pdf 05-00332-city fax.pdf 05-00332-fax.pdf 05-00332-bid security list.pdf 05-00332-UAS 12005. pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0261 Chairman Sanchez: We go over to CA.6 for the purpose of discussion. Commissioner Winton: We're purchasing a lot of -- CA.8 is about -- for the purpose of a tractor trailer response vehicle. Commissioner Allen: Right. Commissioner Winton: And this is part of the Urban Area Security Initiative grant program, and these are federal dollars, I'm assuming, but the question I have is, we're getting a lot of these kinds of things. We're buying a lot of really, really high-powered equipment, very sophisticated equipment, and the primary money is coming -- or all the money, I guess, right now is coming from the Feds, but what happens -- one, how do we know we really need all these things, number one, and number two, who's going to be paying for the maintenance costs as we move forward, number three, and number four, who's going to pay to replace all of this stuff and the maintenance costs of all these things when the Feds' money goes away, and we know -- we don't even have to think about it -- we know that during the next oomph -- whatever that oomph is in the federal government -- this money goes away, and at the local level, we're stuck paying for it, so y'all help me with this. Chief William Bryson: Chief Bryson, City of Miami Fire -Rescue. Commissioner, you're right, we are buying a lot of equipment with federal dollars, UASI (Urban Areas Security Initiative) dollars, in particular. We're not overbuying. For instance, this item -- these are replacing a 1980 and a 1984 vehicle that we currently maintain for the Technical Rescue Team. That's the TRT team. We will buy other equipment, including this equipment that we will have to maintain with our garage, some of it, and some of it through GSA (General Services Administration), but there are things that are going to protect the citizens that we couldn't afford to buy when we didn't have the dollars and that I think are well used funds for what we're going to get for it. Commissioner Winton: OK, so that's kind of part I, part II, and by the way, I'm looking here at the justification for purchasing this, and nowhere in here do I see anything about replacing City al Miami page 10 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 existing equipment, which would have been a big help to me -- Commissioner Allen: Right. Commissioner Winton: -- which I keep -- y'all have gotten a lot better about writing these things, but -- Chief Bryson: Yes, sir. Commissioner Winton: -- this one -- Chief Bryson: We have it on the agenda -- Commissioner Winton: -- kind of missed the boat. Chief Bryson: -- summary form. I don't know if you have that form, but you should. I mean -- Unidentified Speaker: Under "Background Information." Chief Bryson: Under "Background Information." Commissioner Winton: Oh, yeah, it's on the back. Sorry. Did I -- so it's back there. Chief Bryson: OK. Commissioner Winton: My apologies. Chief Bryson: No problem. Commissioner Winton: OK, so -- but once we buy it and the federal funding dries up, what -- OK, let me back up a step. This is replacing (UNINTELLIGIBLE) an existing vehicle that we've always had, so I get it, and I get the long-term implications of this, but we've bought a lot of other equipment and 1 haven't asked the question before, but I know more is coming, so I think the question's still appropriate, what are we going to do, long-term, who pays for the cost of maintaining the new stuff that we're getting and buying through federal grants, and what happens when the federal money dries up entirely? Chief Bryson: Well, we try and buy warranties with all the vehicles. There is other equipment that we will have to maintain at some point with general funds, or the equipment will go away. That's the best answer I can give you. The equipment is not pie -in -the -sky stuff it's all necessary, and a lot of it is taking the place or adding to inventories that we already have, so we're actually benefiting, and the Manager's made sure that we're not just buying -- even though we have parameters under the UASI (Urban Areas Security Initiative) monies on what we're to purchase, much of it is already supplementing money that we would -- we think we would have to spend anyway. Commissioner Winton: Chief I think your answer's a very good answer. What I was concerned about is the same kind of situation we had with all the grants for hiring police back, you know, five, six, seven, eight years ago, and then what happens with them, and 1 know we had to work our way through a big mess once the federal funding dried up. The difference between personnel and equipment -- and you said it on the record -- we can get rid of the equipment; can't get rid of personnel. I mean, that's a whole different ball game, so -- Chief Bryson: Well, the great -- City ofMiami Page I Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Winton: -- thank you for the answer. Chief Bryson: Yes, sir. Commissioner Allen: Right. Mr. Chairman. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yeah, this is in connection with the CA.8 1 guess Commissioner Winton has asked pretty much the same questions I wanted to ask, but I'd like to ask, perhaps, maybe one or two more questions. Could you address the issue of the ongoing maintenance costs? Is there projections with that? Is that built into these prices, these agreements? Chief Bryson: The -- there are warranties with the agreement, but -- Commissioner Allen: Right. Chief Bryson: -- the routine maintenance, we will handle for the bigger tractor trailers within our Fire Department shop. We have mechanics; will not hire anymore. There will be a cost of lubrication and things with very minor costs, OK. The -- any other equipment that we purchase that is coming from UASI or maybe USAR (Urban Search and Rescue) grants -- Commissioner Allen: Right. Chief Bryson: -- some of those vehicles will be maintained by GSA. We've talken [sic] to GSA about that. Commissioner Allen: Correct. Chief Bryson: They realize there's a small increase, but it is making our capabilities greater to respond to any weapons of mass destruction issues or anything that could happen within the City of Miami. Commissioner Allen: Right, and to that end, you just said something very operative about mass destruction. Now, this is to use for certain purposes, as you guys had projected. Chief Bryson: That's true. Commissioner Allen: We're having a great deal of large-scale developments that are taking place here in South Florida. What are you guys' plans in purchasing additional equipment? Has anyone ever presented that to us, in terms of the types of trucks that would be needed -- Chief Bryson: Yes. Commissioner Allen: -- to address those sort of concerns? And is there a projected cost going forward? I mean, some quantifiable -- Chief Bryson: Absolutely. In fact, the equipment we're buying here is for the Technical Rescue Team. They do elevated rescues. They do confined space rescues. These are all OSHA (Occupational Safety Health Administration) -directed type of things. If you don't follow the OSHA regulations, the City can be in huge trouble, so we have a team that's specially trained to do these sort of rescues. They can involve high-rises, getting people -- Commissioner Allen: Yeah, that's -- City o[Miami Page 12 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chief Bryson: -- off of high areas, bringing them down. Commissioner Allen: Right Chief Bryson: We're going to have more and more of those. Commissioner Allen: Right. Chief Bryson: We're going to need more and more of this type of equipment. Commissioner Allen: So there is the anticipation that we may have to purchase additional trucks of this nature, because of the huge large scaled development that's taking place here, so -- Chief Bryson: We feel very good that our capabilities will meet our needs in the next few years in the technical rescue area, but as the population grows, you're going to see projections in a study done that says, as time goes by, in certain areas of this City, we're going to need to increase our other capabilities. For instance, rescue services or EMS (Emergency Medical Service), and also some areas where we're going to need more fire suppression. Commissioner Allen: And presumably, I guess that funding is going to come from the general fund or, perhaps, some additional federal funding. Chief Bryson: I would assume that as the -- first of all, the federal funding, there is an act that's in place; we're looking at it. As we expand our services, there's a similar program to the COPS (Community Oriented Policing Services) grant that's coming up for firefighters. If we are going to increase our personnel, it's perfect timing, but other than that, it would be general fund expenditures, as far as I can see. First of all, the UASI doesn't allow you to pay personnel costs Commissioner Allen: Costs. Chief Bryson: -- for recurring costs, like firefighters. Commissioner Allen: OK. Chief Bryson: Thank you. Commissioner Allen: Thank you. Chairman Sanchez: All right. Anymore questions on consent agenda 8? Commissioner Regalado. Commissioner Regalado: The -- this is a -- it's a good thing, Chief. The Homeland Security has identified in Miami -Dade County at least 260 possible targets in terms of -- of those, more than 120 are located in the City of Miami, so this is fine, and I'm sure that for the years to come, Congress will be funding through OSHA and Homeland Security more of this equipment, but we also have to deal with the growth, and my question is about the Coral Way fire station. It's been a year since we last discussed this, and I think that it's about time that you should be talking to the Administration about possible eminent domain in the Coral Way area, because three condo buildings are about to be occupied, and you know, we're talking big-time growth in the Coral Way area, which is a huge area, so I think we still need to look and try to find some property, but if we don't, we need to start thinking about eminent domain some of the properties because this is a legitimate issue. Chief Bryson: Absolutely, and we had been talking with the Administration. We have some Cay ofMiami Page 13 Primed on 5,26/2005 City Commission Verbatim Minutes April 28, 2005 ideas, and we were coming to see the Commissioners involved at some point here, and I agree with you, if we can't come to a resolution through -- without doing eminent domain, we have to come to you and ask you to do eminent domain because we're at loggerheads. You know how fast property goes in the City right now. As fast -- as slowly as we move, because of bureaucracy and the way we have to because of the ordinances, by the time we get to you, the land is valued at higher than what we've offered. I mean, Coral Way's a real headache, but we're -- you're right, Commissioner. Commissioner Regalado: Yeah. Chairman Sanchez: Any further discussion on CA.8? If there's no further discussion, we need a motion to approval [sic] or deny. Commissioner Winton: Move it. Chairman Sanchez: There's a motion by Commissioner Winton -- Commissioner Allen: Second. Chairman Sanchez: -- to approve CA.8. There's a second by Commissioner Allen. Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." CA.8 passes. CA.9 05-00338 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO ONE CROW INC., PURSUANT TO RESOLUTION NO. 04-0351, ADOPTED MAY 27, 2004, FOR THE PROJECT ENTITLED "OVERTOWN STORM SEWER PUMP STATION UPGRADES (3RD BIDDING), B-5650D," FOR INDUSTRY -WIDE PRICE INCREASES, IN AN AMOUNT NOT TO EXCEED $60,000, INCREASING THE CONTRACT AMOUNT FROM $286,000 TO $346,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $60,000, FOR SAID INCREASE, FROM PUBLIC WORKS GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.311003.6270; AMENDING RESOLUTION NO. 04-0351, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City al Miami Page 14 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 05-00338-resolution.pdf 05-00338-exh i b i t l. pd f 05-00338-exh ibitl A. pdf 05-00338-exhibitl B.pdf 05-00338-summary form.pdf 05-00338-pre resolution.pdf 05-00338-memo.pdf 05-00338-budgetary impact.pdf 05-00338-letter. pdf 05-00338-tabulation of bids.pdf 05-00338-fact sheet.pdf 05-00338-contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0260 Adopted the Consent Agenda Motion by Commissioner Winton, seconded by Commissioner Allen, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.10 05-00340 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY DAVID ALLEN, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $399,999.99, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF DAVID ALLEN VS. CITY OF MIAMI, ET AL., CASE NO. 03-21063-CIV-ALTONAGA, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 05-00340-resolution.pdf 05-00340-cover memo.pdf 05-00340-budget. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0268 Chairman Sanchez: All right. Before we go into PZ (Planning and Zoning) items, there are a couple of items from earlier today that were deferred for -- Commissioner Allen: Right. City gfMiami Page 15 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: -- the purpose of discussion, I believe. One of them is CA.1 -- Commissioner Allen: 10. Chairman Sanchez: -- which is a settlement, and I believe Commissioner Winton would -- Commissioner Winton: Move CA.10. Chairman Sanchez: All right. There's a motion to approve CA.10, which is a consent agenda. Vice Chairman Gonzalez: Second. Commissioner Allen: Right. Chairman Sanchez: It is second by Vice Chairman Gonzalez. It is open for discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "no." It passes unanimously. Commissioner Allen: Right. END OF CONSENT AGENDA A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to pull Items CA.6, 8, and 10 from the consent agenda for discussion. Chairman Sanchez: All right, so we'll go ahead with the consent agenda, and as always, we ask the City Manager, are there any items that the City Manager would like to pull on the consent agenda? Linda Haskins (Deputy City Manager/Chief Financial Officer): No, sir. Chairman Sanchez: There are no items? Ms. Haskins: No. Chairman Sanchez: All right. It comes back to the Commission. Are there any items that the Commissioner would like to pull for discussion or to defer on the consent agenda? Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. You're recognized. Commissioner Winton: I would like to discuss CA.8, and 1 would like to defer CA.10 to the afternoon. Chairman Sanchez: OK, CA.8 has been pulled for discussion by Commissioner Winton, and what was the other one, Commissioner? Commissioner Winton: CA. 10, defer to afternoon. Chairman Sanchez: OK. Gty of Miami Page I Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Winton: Like to meet with the City Attorney on it -- Chairman Sanchez: Yes, sir. Commissioner Winton: -- at the lunch break. Chairman Sanchez: All right. Is there any other items that -- Commissioner Allen. Commissioner Allen: Well, I just was going to weigh in, and I'd like to also, for discussion purposes, CA.8, as well. Chairman Sanchez: All right, CA.8 is being pulled for discussion. All right. Commissioner Regalado. Commissioner Regalado: No. Chairman Sanchez: Commissioner Gonzalez -- Vice Chairman Gonzalez. Hearing none, I'm going to need a motion to approve the -- Commissioner Allen: Mr. Chairman -- Chairman Sanchez: Yes. Commissioner Allen: -- one quick question. 1 believe also -- just real quick discussion with CA.6 right now, if we could. I'm just curious about something. Chairman Sanchez: All right. CA. 6 is being pulled for discussion. The -- both items that are being pulled for discussion for the sake of harmony. Is there a motion to pull both items? Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right. For the record, both items have been pulled for discussion. Commissioner Winton: Move the -- Chairman Sanchez: One item has -- Commissioner Winton: Remove -- move the remainder of the agenda. Chairman Sanchez: All right. There's a motion to approve the remaining of the agenda by Commissioner Winton. Is there a second? Vice Chairman Gonzalez.: Second. Chairman Sanchez: I need a second. City of Miami Page 17 Primed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: Second. Chairman Sanchez: Second for the purpose of discussion. Is there any discussion on any of the items? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion carries. City of Miami Page 18 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ D1.1 05-00386 DISCUSSION ITEM DISCUSSION CONCERNING A RESOLUTION ALLOCATING $7,249 FROM COMMISSIONER GONZALEZ EXISTING ROLLOVER ACCOUNT OR ANY OTHER AVAILABLE OFFICE FUNDS TO COVER ALL COST OF HALL RENTAL, PARKING, EVENT PERSONNEL AND CLEANING PERSONNEL FOR THE FUNDRAISING EVENT ARROS CON MANGO TO BE HELD BY LA LIGA CONTRA EL CANCER AT THE COCONUT GROVE EXPO CENTER ON MAY 21 ST. 05-00386-email.pdf Discussion on Item D1.1 resulted in the resolution below: (D1.1) 05-00386a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $7,249, TO COVER ALL EXPENSES OF HALL RENTAL, PARKING, EVENT AND CLEANING PERSONNEL FOR THE FUNDRAISING EVENT "ARROZ CON MANGO," TO BE HELD BY LA LIGA CONTRA EL CANCER, ON MAY 21, 2005, AT THE COCONUT GROVE EXPO CENTER; ALLOCATING FUNDS FROM THE DISTRICT 1 ROLLOVER ACCOUNT NO. 001000.920921.6.930 AND ANY OTHER AVAILABLE OFFICE FUNDS. Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0316 Chairman Sanchez: All right, let's go ahead and -- do we want to do the Commissioners' items? Lets go ahead to the Commissioners' items. The Mayor has an item. Is there any representation from the Mayor's office on his item here? All right. Well go to D1. That's Vice Chairman Angel Gonzalez. Commissioner Gonzal -- Vice Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez: Thank you, Mr. Chairman. Yes. I have a motion to allocate $7,249 from my existing rollover account or any other available office funds to cover all costs of hall rental, parking, event -- parking, event personnel and cleaning personnel for the fundraising event Arros Con Mango to be held by the Liga Contra El Cancer, the League Against Cancer, at the Coconut Grove Expo Center on May 21. Chairman Sanchez: All right. There's a motion. Is there a second? ('ity of Miami Page 19 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Regalado: Second. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Regalado. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and I believe that is it for you, Commissioner -- Vice Chairman Gonzalez. DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 05-00343 DISCUSSION ITEM DISCUSSION CONCERNING: 1. MURAL ORDINANCE a. STATUS OF MURAL ORDINANCE b. STATUS OF THE 1000 VIOLATIONS 05-00343-email. pdf DISCUSSED Chairman Sanchez: We go to D2-- Commissioner Allen: D2. 1. Chairman Sanchez: D2-- Commissioner Allen: D2-- Chairman Sanchez: -- 2. Commissioner Allen: D2-- Chairman Sanchez: I'm sorry. I'm -- Vice Chairman Gonzalez: D2.1. Chairman Sanchez: D2.1, D2.1. Commissioner John -- Winton, that's yours, sir. Commissioner Allen: Has that been pulled? Chairman Sanchez: That's a discussion on the -- Vice Chairman Gonzalez: That's a discussion. Chairman Sanchez: -- mural ordinance. Commissioner Allen: Right. Commissioner Winton: Yes. The discussion on the mural ordinance, as -- and as you all know, these murals -- the ordinance came up originally as something that I thought could be beneficial City of Miami Page 20 Printed on 5'26/2005 City Commission Verbatim Minutes April 28, 2005 to our community, and it was about art and culture, and raising money for art and culture, and having murals that were no more than 25 percent advertisement, and the rest had to be art, and we haven't passed the ordinance, but murals are everywhere. I mean, it has -- I'm so sick of looking at -- Commissioner Allen: Yeah. Commissioner Winton: -- vodka bottles on buildings downtown, I just -- it's driving me nuts. However, Otto came to me this morning and -- we have an item on a P&Z (Planning & Zoning) agenda about murals, and so they asked if I would kind of meld those two together, so / think we can save some time if I defer the discussion relative to this to the P&Z section, and we'll talk about it then. Commissioner Allen: Good D2.2 05-00354 DISCUSSION ITEM DISCUSSION CONCERNING THE URBAN DEVELOPMENT BOUNDARY. 05-00354-em ail. pdf MOTION A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, with Vice Chairman Gonzalez absent, directing the Administration to prepare a resolution urging Miami -Dade County not to take action on proposed expansion of the Urban Development Boundary until all appropriate data is gathered and analyzed to determine, empirically, whether proposed development will pay for infrastructure of said area; further requesting the County to complete an in-depth analysis of countywide infrastructure needs, including all the municipalities of the County, to determine the current needs assessment; further requesting a projection relative to needs assessment over the next 20 years based on anticipated population growth. Commissioner Winton: The next discussion is on the Urban Development Boundary. That's the whole question of whether or not the County is going to extend the urban development boundary, and as you know, 1 brought this issue up about a month ago. We asked the County to send a representative from the County -- probably from their Planning Department, and I understand Diane O'Quinn is here, and Diane, would you please come up and grab one of the microphones? Because what we wanted to hear is how the County is dealing with this whole question of the Urban Development Boundary expansion; understand it better so that we could make some decisions whether we wanted to support the expansion or not support the expansion, or support some other model that actually I've been thinking about relative to how we review this whole question, and Diane O'Quinn is here from the County, and thank you very much for coming this morning. Diane O'Quinn Williams: Thank you. My pleasure to be here. Diane O'Quinn Williams. I'm the director of Miami -Dade County's Department of Planning and Zoning. In terms of how we're dealing with it, let me just tell you that in the evaluation and appraisal report of our Comprehensive Development Master Plan, which we were required to do a few years ago, and the Commission -- the Board of County Commissioners adopted that in December of 2003. We analyzed, of course, the capacity in Miami -Dade County -- the whole of Miami -Dade County, and we determined, in fact, that there was enough capacity for our 15 year planning horizon. Specifically, we said that there was enough residential lands into the year 2020, and there was enough commercial development through the year 2015, and enough industrial capacity through the year 2020, as well, so with that, because we always provide for a I5 year capacity in our Comprehensive Development Master Plan, we recommended to the Board of County Commissioners that they not move the urban development boundary line at this time. The Board City ofMiami Page 21 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 accepted that report in December 2003, so that is really where we're at. Now, having said that, there are some ongoing studies, and one of them is a very extensive and collaborative effort amongst various governmental entities, the South Florida Regional Planning Council, South Florida Water Management District, county agencies, state agencies, and that is called the South Miami -Dade Watershed Study. In fact, they have a meeting going on in South Dade just this morning, and through a private consultant, we're developing various scenarios at this time to look at the capacity, look at it in three different ways, what we call "business as usual:" allow development to occur as it is now, allow development to occur with smart growth policies put in place, and moving the UDB (Urban Development Boundary) or not allowing the UDB to move and setting other policies, so those are different scenarios that are being worked. Now, that's a very broad -based -- Commissioner Allen: Yeah. Ms. O'Quinn Williams: -- committee. Development industry representatives are on the committee, as well as governmental agencies, environmental groups, and agricultural industry representatives are also there. That committee has some data coming out just now that's going to be valuable to us, and they are anticipating final recommendations coming to the Board of County Commissioners in the fall of this year, so that is one study that's going on, and County staff, of course, keeps encouraging everyone to wait for the outcome of that study. Having said that, Commissioner Moss has been concerned with ongoing discussion and some criticism of that study and where that might be headed, particularly because it has taken us a while to get it finalized because it's pretty extensive. He began with some UDB workshops, again, led by Commissioner Moss, and several Commissioners always attend those meetings. We've had four of those workshops so far. The last one was just this past Monday. Any interested parties are encouraged to come, speak to the Commissioners, you know, advise -- and it's been a very good exchange of information. This past Monday, each of the stakeholders, if you will, were granted 30 minutes to speak about their issues. The development industry was there, environmental groups, agricultural groups, and the Hold the Line Group, which you may have heard about, which is a new group that's formed. There's been issues raised in terms of -- that is South Miami Dade watershed study is not looking at the entire County because it's only looking at the area from Tamiami Trail South, so there was some discussion about perhaps we should have another study to look at the north end; although, quite frankly, there's not a lot of room for growth and capacity, but it is something we can look at. There's been discussion of hiring an independent consultant to do another study, to confirm the results of other studies, or to come up with other recommendations. Those workshops are ongoing. The next one is not yet scheduled, but I anticipate, probably a month's time, we'll have another one set up. They are advertised on the County Commissioners' calendar, and Alicia Cuervo Schrieber and I have been discussing these meetings, and I know she's interested or may be able to attend, so that's where we are. Again, the evaluation and appraisal report said that we have enough capacity for 15 years for all types of development, but we do have some studies underway. Commissioner Allen: OK. Chairman Sanchez: All right. Commissioner Allen: Mr. Chairman. Chairman Sanchez: Thank you. Commissioner Allen: Yes. Chairman Sanchez.- Commissioner Allen. Commissioner Allen: Yeah, this question is actually directed to Commissioner Winton. City ofMiami Page 22 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Concerning this issue, what are you, in effect, asking us -- what's the issue here? I mean, how does this positively -- Commissioner Winton: And I think that's -- Commissioner Allen: -- and negatively affect -- Commissioner Winton: -- a perfect question, and I -- Commissioner Allen: I mean -- Commissioner Winton: -- I would suspect that everyone in the audience has the same question. Commissioner Allen: Yeah, because -- Commissioner Winton: What's the potential impact on us? Commissioner Allen: Yeah. Commissioner Winton: And the concern, and 1 don't know that it's -- that it is an impact -- Commissioner Allen: Negative or positive. Commissioner Winton: -- but it's the question. The question is -- and 1 was going to ask Diane if they've done this analysis. The issue in my mind and the question in my mind is that we know that in the City of Miami, just our boundaries, we have unmet infrastructure needs. Commissioner Allen: Right. Commissioner Winton: We also know that for the first time in 40 years, we're undergoing real growth in our City. That's going to put additional pressure on infrastructure, and so the concern from a municipality like the City of Miami is that if you expend -- if you expand the urban development boundary, there's a sense by many of us that even though developers pay impact fees -- and the concept behind impact fees is that they're absolutely required to pay for all of their own infrastructure when they build these new big subdivisions out there, I think most of us believe that doesn't really happen -- Commissioner Allen: Right. Commissioner Winton: -- and so if it doesn't happen, then money has to come out of the County from some other source to pay for the incremental piece that isn't really covered by the developer, and that's money that could be spent in our cities to help us meet unmet infrastructure needs. Because don't forget, the County's financial base is created by their own millage rate that they charge to the residents of unincorporated Dade and all municipalities. Commissioner Allen: Correct. Commissioner Winton: So all of our citizens pay 5.6 mills to the County -- Commissioner Allen.: Right. Commissioner Winton: -- so we're paying for services, and I just want to make sure -- and 1 don't know, and that's the issue here, 1 don't know. It could be just an improper assumption on my part -- City of Miami Page 23 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: 1 see. Commissioner Winton: -- that the infrastructure needs in expanded new communities out there really are paid for -- I mean -- Commissioner Allen: Right. Commissioner Winton: -- I may be incorrect in thinking that they're not paid for in whole -- Commissioner Allen: Right. Vice Chairman Gonzalez: My -- Commissioner Winton: -- so I really have to -- kind of two parts of a question. One is whether or not there is empirical evidence that shows that developers, when they're building new communities out there, are really paying for all of their infrastructure or not, and the second part of the question is, whether or not the County's ever done an in-depth infrastructure analysis countywide to see how far behind we are in terms of existing infrastructure needs, and that then compared to potential needs for the next 15 or 20 years that we know we're going to have, as new residents move to our County, and so that's the issue. Commissioner Allen: 1 see. OK. I just -- Chairman Sanchez: Commissioner Allen, then Vice Chairman Gonzalez. Commissioner Allen: Yes. OK, so therefore, I guess my concern is -- you mentioned, Madam -- from the County that the County voted not to extend the boundary limits at this time, and they are conducting additional studies and findings. Now -- Commissioner Winton: No. That was in 2003; is that right, Diane? Commissioner Allen: Right. Ms. O'Quinn Williams: That's when they accepted the study. Commissioner Winton: OK. Commissioner Allen: OK, so -- Commissioner Winton: This is a new question. Commissioner Allen: Right, a new question, so it would be brought back before the County Commission again to make another decision concerning whether or not to extend the boundaries, is that what my understanding should be? The reason why I'm asking that because what variables are they considering? Will they take into account -- for example, as we, the City Commission, weigh in on this issue and come to some sort of consent, do they factor that into their decision with respect to the County, as whether or not they agree to extend the boundaries? Because I'm still confused about what exactly -- because someone has to come to us and let us know whether or not this positively and/or negatively affect us as a municipality. I mean -- Ms. O'Quinn Williams: If I could just answer Commissioner Winton's -- Commissioner Allen: I'm trying to figure out -- yeah. Ms. O'Quinn Williams: -- concern, as part of these workshops, the one held not this past City of Miami Page 24 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Monday -- Commissioner Allen: Right. Ms. O'Quinn Williams: -- but the one prior, the staff was asked, in fact, to look at the real cost of development, and so we're doing that. Commissioner Allen: Right. Ms. O'Quinn Williams: As you can imagine, that's -- it's quite intense and -- but we're getting there. We have impact fees now for roads, parks, police, and fire -- Commissioner Allen: Right. Ms. O'Quinn Williams: -- and schools, but of course, there's always other costs. There's costs for -- Commissioner Allen: Right, yeah. Ms. O'Quinn Williams: -- libraries and things like that. Commissioner Allen: Right, yeah. I understand that, but what I'm asking is, is the County Commissioner are going to reconsider the issue of the denial -- of not agreeing to expand the boundary lines; is that going to be a decision they're going to reconsider at some point down the road or -- Ms. O'Quinn Williams: Well -- Commissioner Allen: -- what's the status of that? Ms. O'Quinn Williams: -- what they will have before them, at some point, we have a filing period right now, this month of April, for private applicants who want to come in and -- Commissioner Allen: OK. Ms. O'Quinn Williams: -- seek to amend the master plan and -- Commissioner Allen: Right. Ms. O'Quinn Williams: -- move their urban development boundary. Commissioner Allen: Right. Ms. O'Quinn Williams: We have received at least two applications so far to move the boundary, so as part of that consideration, the Commissioners will make that decision. The County staff is not going forward right now, you know, seeking to have the Commissioners look at extending the boundary, but I think, more likely, it will be in reaction to private applications coming forward. Commissioner Allen: OK. Commissioner Winton: And Mr. Chairman -- I'm sorry. Commissioner Allen: I'm still a little confused. 1 mean -- and I don't want to belabor it anymore, but my question is, what if this Commission agrees that that -- we agree with the County's previous decision not to extend the boundaries -- City of Miami Page 25 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Winton: Then may I help -- Commissioner Allen: -- what's -- Commissioner Winton: May I -- Commissioner Allen: Yeah. What's the -- Commissioner Winton: -- help you there? Commissioner Allen: -- net effect of that? Commissioner Winton: The -- there have been a number of municipal bodies throughout the County who have already taken this issue up -- Commissioner Allen: Right. Commissioner Winton: -- and most of them have passed resolutions encouraging the County to not extend -- Commissioner Allen: OK, so -- Commissioner Winton: -- the boundary. Commissioner Allen: -- that's where we're -- Commissioner Winton: I'm not suggesting, at the moment, that we take that same position -- Commissioner Allen: Right. Commissioner Winton: -- but 1 think, at minimum, I'm going to suggest that we take the position that it not happen until certain additional analysis have been done -- Commissioner Allen: Right. Commissioner Winton: -- such as, what are -- in terms of answering the questions I asked, do the developers really pay? Show us empirically, number one, and number two, what are the existing infrastructure needs Countywide, including all the municipalities that we know are already behind the eight ball on -- Commissioner Allen: OK. Commissioner Winton: -- and I would like to get those kinds of answers, frankly, myself before / would come close to saying, you ought to think about extending the urban development boundary, and by the way, 15 years, if they're saying -- the County says we've got a 15 year supply yet, you know, I hate to tell everybody, but 15 years is tomorrow. Fifteen years in real economic life is not that long, so even if this whole thing gets put offfor five years or seven years, the pressure's going to be on again, and whenever the pressure comes on again -- and seven years is absolutely tomorrow -- we ought to have those kind of answers before anything else happens. Commissioner Allen: Thank you. Chairman Sanchez: All right. Commissioner -- Vice Chairman Gonzalez, Commissioner City al Miami Page 26 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Regalado, and 1 will close it up as the Chair. Vice Chairman Gonzalez: Yeah. My understanding is that the contractors or the developers are responsible to pay for the infrastructure on their projects. For example -- I can give you a perfect example, that building -- as a not -for -profit agency, building a development in Allapattah, we had to pay for the water main extension, aside from paying impact fees. I mean -- Commissioner Winton: Right. Vice Chairman Gonzalez: -- we pay the impact fees, but the County didn't -- Commissioner Winton: Right. Vice Chairman Gonzalez: -- you know, that's money that the County keep for their little things. We had to pay for a water main extension, and we had to make sure that we had enough sewer capacity; otherwise, we would have had to pay for that, too, so on developments, the developer is responsible to pay for the infrastructure, and in addition to that, they pay for the impact fees. Commissioner Winton: Commissioner, may -- Vice Chairman Gonzalez: In the City of Miami right now, we have a serious problem, and I'm confronting a problem in my district where sewer lines are leaking, according to a report that I just got last week, OK. Commissioner Winton: Can -- let me add something to what you just said, if I may interrupt just for a moment. Your point is 100 percent correct. We know, unequivocally, that in the City of Miami, developers are being required to do things to the water and sewer system that you think would have -- over and above impact fees, so you would have thought that is already covered, so that makes you think, well, if we're having to do it here, I don't think, in new development, they're having to necessarily do all those same kind of things, but I don't know. Vice Chairman Gonzalez: Right. Commissioner Winton: I don't know the answer to that, so I'm just saying that until we get good answers and when we get good answers -- when you have good information, you can make a rational decision. Absent good information, you can't make a rational decision. Vice Chairman Gonzalez: No. I agree with you, but 1 just want to make that point. Because let me tell you -- and I address this issue. We are rebuilding, you know -- and quite honestly, I don't have -- you know, I would have to be provided with a lot of information before I vote in this issue, a lot of information, because I don't really have confidence on the County government or the County way of doing things, you know. We -- and I address this issue at the last Commission meeting. We're spending money from CIP (Capital Improvement Program) from our taxpayers to rebuild streets, and I'm finding out that we just complete a whole street this week, this Friday, and within two weeks, we will see the County people open a trench on the street that we just did, OK, to install some type of a pipe, and instead of rebuilding the street to the same standard that we just did two weeks ago, they leave it with a patch, so you know, that really made me very, very confused on how they work, and how they do the things, you know, so I tell you, I will have to get a lot of information, a lot of information to vote on anything proposed by the County. That's my point. Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. I wish that last time we discussed that, Commissioner Winton, who brought the issue, would have taken this to a vote because, to me, City gfMiami Page 27 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 this is very simple, and I'm sure that some County officials eventually will express their ideas, as I do. To me, its very simple. This is an intrusion in the ecosystem of our area. If we allow this barrier to go far south, we will be attacking our ecosystems. This is our protection, and its not as much about infrastructure than the protection of the quality of life that we have here, so I'm sure that you will be presenting to the County Board of Commissioners an impact study on the ecosystems of the Everglades and all these area west of the boundaries, and the other issue that 1 want to raise, Madam Manager, is -- and City Attorney and hello, Madam Manager. Just talking to you, to you -- is that there is still an unresolved issue of water and sewer lands, which is west of the construction boundary lines, and the City of Miami has a reverter clause in those, I think, 800 or 1800 acres or something like that. I think it's 1800 acres, so the City of Miami will be a very important player if the County Commission would ever decide to extend the construction boundaries, because that land will skyrocket in price if those boundaries are extended, and the City has a reverter clause that locks that land for the County, so you know, for the City of Miami -- and this is in response to Commissioner Allen -- it is very, very important, and for me, it's very simple. 1-- like any other municipalities, the City of Miami eventually will vote. This is symbolical, only symbolical, because a decision will be made by the County board of Commissioners, but to me, I'll vote no in a heartbeat because I'm not more concerned about infrastructure rather than the ecosystems way west, so that's all I want to say. Applause Chairman Sanchez: All right. We could only do that at Dolphin game, Heat games, and Marlins games, but can't clap here. We've got to keep it professional. I'll go ahead, sir, and yield to you. I believe you have -- Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes. Commissioner Winton: I want to point something out to the audience relative to what Commissioner Regalado said. Because it's the piece that they're not thinking about. Many of you in this room -- and I've talked to you about it -- hate the expansion that's going on in the City of Miami; new people coming. I'd like to ask you to raise your hand, tell me how many of you think, in this room, that Miami Dade County and the City of Miami are not going to grow any further over the next 50 years. Raise your hand if you think that. No one. So what's the point? The point is that the County has said that, in 15 years, the land's gone, but the people coming aren't gone; they're still coming, and so if they're not going out there, where are they going to go? And so the balance that we have to figure out how to create -- and I don't pretend to have all the answers, and I'm frankly hoping that Miami 21 and our new master plan gives us absolutely the right road map, but we know people are coming and people are coming and people are coming, and we better figure out where we're going to put them, how we're going to put them, so that we can, in fact, truly protect the quality of life of our City, and sometimes maybe -- I don't know if they should go out there. 1 don't know if that's a complete danger to our ecosystem; maybe it is. If it isn't, then they can't go there, but if they can't go there, they're coining here, so I don't know where the absolute and complete balance is here, but our job is to try the best we can to figure out the balance. Sorry. Chairman Sanchez: Sir, you're recognized for three minutes. Joseph Goldstein: For the record, Joseph Goldstein, attorney, 701 Brickell Avenue, here on behalf of the Builders Association. I'm the direct -- I'm the chair of the legislative committee and member of the board of directors. Commissioner Winton, couldn't agree more that the City has to study this. We would just urge not to take any formal action until we all have an opportunity to sit down and talk about some of the issues that are out there. For example, one of the issues that you just raised in your second discussion was the issue of OK, if it doesn't go there, it goes City ofMiami Page 28 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 here, and you run into gentrification and displacement issues, and whether you do or don't want to affect existing neighborhoods, such as Morningside or Shenandoah, and these are all things that this County policy, this decision to -- whether to expand the boundary or not really has a yin and a yang to it, and we, as representatives of the development industry, urged the City of Miami, more than anybody else, to take a significant role and part of this study, and we, as a development industry, some of whom are addressing the UDB expansion issue, which we think is something that is needed, and we want to take the opportunity to sit and discuss this with you because you're the ones who are going to -- if the UDB, Commissioner Regalado, is expanded -- is not expanded, are really going to be asked to take on a lot of the responsibility. Now, if we talk about the infrastructure issues, we think we -- we know we have all of the answers to the questions relative to the infrastructure issues. In terms of the process that Diane was alluding to, there's a couple of things out there. One, they did do their EAR (Evaluation Appraisal Report) report, as you all do, and the EAR report was provided to the Commission. At that time, the Commission accepted the study; they're in the process of making some amendments. However, there's two other things going on out there. Every two years, during the odd number years, the County Commission can take applications to expand the UDB. Simultaneously, there are major planned communities that are being considered as developments of regional impact, which is something more than just hey, we're going to expand and do subdivisions the way Kendall was done, for example, and we all can look at that as what it was, but the good communities that are out here, that were processed as new towns, the Dorals, the Aventuras, the Miami Lakes, they're livable; they might not be the type of lifestyle that you choose, but they're the lifestyle that some people choose, and if you do planned communities, it may be -- I'm not saying it is -- from your perspective, it may be something that's a viable alternative. What we know, having studied it in some detail, simultaneously with the Planning Department, is that while there is housing stock -- and you're correct that 15 years is not 15 years because by the time you get through the process and the platting, it's five years, and they measure the 15 years from when the EAR was done, so we're already three years into the 15 years, so they're only seven years. What we do know is that there is even less single-family housing stock left, which means that this is a bellwether time for Miami -Dade County and for the City of Miami to go through and decide how much of an organized community they want to be sooner versus later. Land is not unlimited. However, we have to recognize that there is a real planning exercise that Diane and her department; that the County is undertaking through their watershed studies. This is a process. The comp. plan amendment process is a year. The DRI (Development of Regional Impact) processes are going to take us a year, year and a half. We want to engage the City. We would urge you, in closing, not to take any formal action, not to reach any conclusions until we, along with the Planning Department, along with many of the others out there, have a real opportunity to sit down with you, who are the ones that are really going to take it -- them, who are the ones that are really going to take it if the UDB isn't expanded. Chairman Sanchez: Thank you. All right. Thank you so much for the -- Ms. O'Quinn Williams: Thank you. Chairman Sanchez: -- presentation, ma'am. We'11 move over to the PZ (planning and zoning) -- Commissioner Winton: Well, 1 think we should take an action, and I think that I'm going to suggest we offer a resolution to the County, and just to make sure that our colleagues at the County Commission understand this; we're not trying to tell them what to do at all. They've got a big job; they've got a very difficult job, and 1 have a complete appreciation for that. However, in terms of protecting our own best interests, I think we should encourage the County to not take action on expanding the boundary until such time as all of the appropriate data is gathered. That data includes an analysis that will determine, absolutely empirically, whether or not new development is paying its own way for infrastructure, that's one, and the second is to do a complete in-depth analysis of infrastructure needs Countywide, which would include all the municipalities in Miami Dade County, and determine what the current needs assessment is, and City ofMiami Page 29 Printed on 5/262005 City Commission Verbatim Minutes April 28, 2005 do a projection relative to needs assessment over the course of the next 20 years, based on population growth we know is coming. Commissioner Allen: Right. Commissioner Winton: And so that's the resolution that I would suggest we -- Commissioner Allen: And any other -- Chairman Sanchez: All right. There is a motion. Is there a second? Commissioner Allen: Second. I'll second. Chairman Sanchez: There's a second for the purpose of discussion. Commissioner Allen: Yeah, I'll second, but just as an amendment, and any other applicable and empirical evidence that's necessary. Commissioner Winton: Absolutely. Yes, sir. Commissioner Allen: So we just don't want -- Commissioner Winton: Because maybe I missed something. Commissioner Allen: -- to limit it to the three that you said. Right. Commissioner Winton: I agree a hundred percent. Chairman Sanchez: Well -- Commissioner Allen: I second. Chairman Sanchez: But I wasn't going to say anything, but -- Commissioner Allen: Right. Chairman Sanchez: -- my only concern is that I think that we would be acting premature to make any decision while studies are ongoing. Commissioner Winton: But they're not doing these studies, so I'm asking that they do these studies. Commissioner Allen:: They conduct -- Mr. Goldstein: They are. Chairman Sanchez: A11 right. Any further discussion. There's a motion and a second. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." I believe there's one "nay, "Regalado. Commissioner Regalado: No, no, no. City of Miami Page 30 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: You voted -- Commissioner Regalado: I voted "yes." Chairman Sanchez: You voted 'yes"? Commissioner Regalado: I voted 'Yes." Chairman Sanchez: OK. There's -- Commissioner Regalado: I voted 'yes" because, I mean, a study is what we want; although, the study should include, of course, the impact on the ecosystem, which I'm sure that you all are going to do. Ms. O'Quinn Williams: That's part of -- Chairman Sanchez: All right. Ms. O'Quinn Williams: -- the watershed study. Chairman Sanchez: Thank you. Thank you so much. Commissioner Allen: Thank you. DISTRICT 3 CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN City of Miami Page 31 Printed on 5/26,2005 City Commission Verbatim Minutes April 28, 2005 10:30 A.M. PH.1 05-00334 Department of Community Development PUBLIC HEARINGS Note for the Record: A sign language interpreter was present during Items PH. 1 through PH.5 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0795, ADOPTED DECEMBER 9, 2004, BY REFLECTING THE CORRECT PUBLIC PARKING FACILITY ADDRESS AS 2090 NORTHWEST 21 ST TERRACE, MIAMI, FLORIDA. 05-00334-resol ution. pdf 05-00334-summary form.pdf 05-00334-public noticel .pdf 05-00334-public notice2.pdf 05-00334-pre resolution. pdf 05-00334-transfe r. pdf Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0263 Chairman Sanchez: And now, we'll go ahead and start with the PH (public hearing), which the first item is PH.1. Barbara Gomez -Rodriguez: Correct. Barbara Rodriguez, Department of Community Development. PH 1 is basically making a correction to the address. In December 9, you awarded $3, 000, 000 to Miami Department of Off -Street Parking for the development of a public parking facility, and we're just correcting the address. Commissioner Allen: All right. Move -- Chairman Sanchez: All right. Commissioner Allen: I move the item, Mr. Chairman. Chairman Sanchez: All right. There's a motion. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Allen, second by Commissioner Regalado. 1t is a public hearing. Ladies and gentlemen, anyone from the public wishing to address this Commission on this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for any further discussion. Hearing none, there's a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. We -- City gfMiami Page 32 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 PH.2 05-00337 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF DISTRICT 5 HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS IN THE AMOUNT OF $125,000 AND THE TRANSFER OF 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM INCOME IN THE AMOUNT OF $125,000; ALLOCATING SAID HOME FUNDS TO THE FIRST TIME HOMEBUYER PROGRAM AND SAID CDBG PROGRAM INCOME FUNDS TO THE DEPARTMENT OF CAPITAL IMPROVEMENT PROJECTS TO CONTRACT AN ENGINEERING FIRM FOR AN OVERALL ASSESSMENT AND SCOPE OF SERVICES OUTLINED FOR TOWN PARK VILLAGE, TOWN PARK PLAZA SOUTH. AND TOWN PARK PLAZA NORTH. 05-00337-resol ution. pdf 05-00337-exhibit. pdf 05-00337-summary form.pdf 05-00337-public noticel.pdf 05-00337-public notice2.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0264 Barbara Gomez -Rodriguez (Director, Community Development): PH.2, this was a direction of the City Commission. Commissioner Allen requested staff to bring this one up, and this one is awarding $125,000 to the C -- we're going to give it to the Capital Improvement Projects to do a contract with an engineering firm for all overhaul assessment and scope of service outline for the Town Park Village, and there's a correction. Commissioner Allen has requested -- Commissioner Allen: Right. There's -- Ms. Gomez -Rodriguez: -- to add some language to the resolution. Chairman Sanchez: All right. Commissioner Allen: Right. Chairman Sanchez: Before we do that, Commissioner Allen, let's get a motion and a second, and then we'll -- Vice Chairman Gonzalez: I'll move it. Chairman Sanchez: -- amend it. Vice Chairman Gonzalez.: 1 move the item. Commissioner Allen: OK, right, and -- Chairman Sanchez: OK. There's a motion by Vice Chairman Gonzalez, and Commissioner Allen -- Commissioner Allen: Second, of course, and this -- City of Miami Page 33 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: Sec -- Commissioner Allen: Right, and I believe -- Chairman Sanchez: For the purpose of discussion on the item. Commissioner Allen: Yes, sir. Chairman Sanchez: You're recognized. Commissioner Allen: And 1 believe the language that's added does not materially alter it. It's just a -- Ms. Gomez -Rodriguez: Correct. Commissioner Allen: -- just for clarification purposes, to distinguish the Town Park Village and to Town Park Plaza South, and Town Park Plaza North. Ms. Gomez -Rodriguez: Correct. Commissioner Allen: And, if you will, Madam Rodriguez, if we -- I think we should also, if you can, instruct whoever the contractor is to make sure they, if you will, present some sort of quantifiable unit cost as to any potential repair for perhaps a future phase of any funding that might go to these residents, and/or contributions from the homeowners relative to the repair work pursuant to this engineering study. Ms. Gomez -Rodriguez: Perfect. Commissioner Allen: So -- Ms. Gomez -Rodriguez: We will include that. Chairman Sanchez: All right. There's a motion and a second. I think the amendment has been put on the floor. Does the maker of the motion both accept the amendment? Vice Chairman Gonzalez: 1 do. Chairman Sanchez: All right. They accept the amendment. It is a public hearing. Anyone from the public wishing -- Commissioner Allen: Right. Chairman Sanchez: -- to address this item, please step forward and be recognized. Seeing none, hearing none, the public portion of the meeting -- Commissioner Allen: Wait. Did you -- Chairman Sanchez: Ma'am, would you like to speak on the item? Lillian Slater: Yes. Ms. Gomez -Rodriguez: That's -- Chairman Sanchez: OK. Good afternoon, ma'am. City gfMiami Page 34 Primed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Slater: Good afternoon, Commissioners. Chairman Sanchez: Ma'am, the mike. Ms. Slater: Oh, I'm sorry. Chairman Sanchez: And please state your name -- Ms. Slater: OK. Chairman Sanchez: -- and address for the record. Ms. Slater: OK, dear. Good afternoon to the Commissioners. Thank you for your time, and we really appreciate the Mayor, the City Manager, Ms. Barbara Rodriguez, and the Commissioner in our district, and all of you. We just want to thank you for everything that you all have did Chairman Sanchez: Thank you, ma'am. Could you state your name for the record, please? Ms. Slater: My name is Lillian Slater, 1640 Northwest 4th Avenue, Apartment IOC, Town Park Village Number 1. Chairman Sanchez: Thank you. God bless you. Elsie Hubbard: Good afternoon. My name is Elsie Hubbard and I live at 1610 Northwest 4th Avenue, Apartment 14C. I been living there for 34 years, and I really do appreciate it. We have a lot of senior citizen there, and we (UNINTELLIGIBLE). Its falling apart, and thank each and every one of you. Chairman Sanchez: Thank you. Commissioner Allen: Thank you. Emmanuel Onabanjo: Good afternoon, the Commissioners and the entire audience. My name is Emmanuel Onabanjo. I'm the site manager for Town Park Village, address 1680 Northwest 4th Avenue, Apartment 8E. I also wanted to express my gratitude and appreciation for what the Commission has been doing for this cooperative. It's a very old cooperative. We really in need of help, and we appreciate everything that you've been doing for us. Want to thank you again. Commissioner Allen:: Thank you. Vice Chairman Gonzalez:: You're welcomed. Chairman Sanchez: Thank you, sir. Ma'am. Marie Wims: Good afternoon. My name is Marie Wims. I live at 1780 Northwest 5th Avenue, Apartment M, Town Park Plaza South, and I just want to thank the Commissioners and everybody who had a hand in giving us some help, and I just want to thank y'all. Commissioner Allen: Thank you. Chairman Sanchez: Well -- Commissioner Allen: Commissioner -- ("ay of Miami Page 35 Primed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: Yes, sir. You're recognized. Commissioner Allen: Mr. Chairman, just quickly, just I want to thank both Lilly, Elsie, Emmanuel, and Marie. I'm privileged to be able to find money from my account to help you out in your situation, and I want to thank you for coming out today, as well. Chairman Sanchez: And, therefore, that is the gentleman that you really need to thank, Commissioner Allen. Applause. Commissioner Allen: Thank you. Chairman Sanchez: All right. We can't do that. We can't do that. We can't do that. All right. Thank you so much. All right. There's a motion and a second. I guess the public hearing is closed now. We come back to the Commission. Hearing no further discussion on an item -- on the item, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. PH.3 05-00342 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING Community RESOLUTION NO. 04-0797, ADOPTED DECEMBER 9, 2004, BY CHANGING Development CERTAIN TERMS OF THE LOAN AGREEMENT, AS STATED HEREIN, BETWEEN THE CITY OF MIAMI AND PENINSULA EDISON PLAZA LLC, FOR THE REDEVELOPMENT OF EDISON MARKETPLACE LOCATED AT 645 NORTHWEST 62ND STREET, MIAMI, FLORIDA. 05-00342-resolution.pdf 05-00342-summary form.pdf 05-00342-public noticel.pdf 05-00342-public notice2.pdf 05-00342-pre resolution.pdf 05-00342-transfer.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0265 Chairman Sanchez: Moving over to PH.3. Barbara Gomez -Rodriguez (Director, Community Development): PH.3, we are -- this was a commitment and it was approved in December 4, 2004, and it was to give 3,000,000 to Peninsula Edison Plaza LLC, and what we're doing here is changing the terms of that loan. The new terms are as follow: 3,400, 000 will be in the form of a loan to Peninsula at a rate of zero percent, with a 20-year balloon; there will be a three-year hold for payments that will begin making payment on the fourth year from the execution of the loan agreement, and it will have a sixty -year amortization with payments. City ofMiami Page 36 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 PH.4 05-00349 Department of Community Development Vice Chairman Gonzalez: I'll move the item. Commissioner Allen: Second. Chairman Sanchez: All right. There's a motion and a second on the item. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, it comes back to the Commission. Any further discussion on the item? If not, I just have one question. This is not a grant, it's a loan? Ms. Gomez -Rodriguez: It's a loan. Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Gomez -Rodriguez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH PARCEL REVERTER PROVISIONS, FIVE (5) CITY OF MIAMI-OWNED PARCELS OF LAND, DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO PALMETTO HOMES OF MIAMI, INC., FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR ELIGIBLE LOW AND MODERATE INCOME PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, FOR SAID PURPOSE. 05-00349-resolution.pdf 05-00349-exh ib itA. pdf 05-00349-summary form.pdf 05-00349-public noticel.pdf 05-00349-public notice2.pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0266 Barbara Gomez -Rodriguez (Director, Community Development): PH.4, we are requesting your approval to convey five City of Miami owned parcels of land to Palmetto Homes of Miami, and these will be to develop affordable housing for eligible low- and moderate -income persons. Chairman Sanchez: All right. Is there a motion? Commissioner Allen: I move the item, Mr. Chairman, and with -- Vice Chairman Gonzalez.: Second. Chairman Sanchez: There is a motion by Commissioner Allen, second by Vice Chairman Gonzalez. Before we open it up for discussion in the Commission, it's a public hearing requiring City of Miami Page 37 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 public input. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing portion is closed, coming back to the Commission. Hearing no further discussion on the item -- Commissioner Allen: Just -- Chairman Sanchez: Commissioner Allen, for the purpose of discussion. Commissioner Allen: Yeah, just a quick comment, Mr. Chairman. I guess it would be directed at City Manager Linda, who's sitting in for Joe today. With respect to the conveyance of these particular parcels of land, and of course, there's a dire need for housing, 1 would assume that we can either instruct this contractor to make sure that the construction of that home is consistent, if you will, with that master plan that was promulgated years ago for that -- for the redevelopment in that entire area. Is there any assurance that we can make sure that that contractor does comply to some -- to a great extent with that master plan? Linda Haskins (Deputy City Manager/Chief Financial Officer): In the conveyance in these lots, I know that the master plan has been considered. Commissioner Allen: OK, so therefore, the -- yeah. All right. Fair enough. Chairman Sanchez: All right. No further discussion on the Commission. We have a motion and a second. The public hearing has been closed. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. PH.5 05-00350 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME FUNDS, IN THE TOTAL AMOUNT OF $74,500; ALLOCATING SAID FUNDS, TO LIONS HOME FOR THE BLIND, INC., IN THE AMOUNT OF $25,000, TO PROVIDE SERVICES FOR VISUALLY IMPAIRED PERSONS AND TO SOUTH FLORIDA WORKFORCE BOARD, INC., IN THE AMOUNT OF $49,500, FOR THE MIAMI WORKS INITIATIVE PROJECT WHICH WILL PROVIDE EMPLOYMENT SERVICES TO CITY OF MIAMI RESIDENTS THROUGH JUNE 30, 2005; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT AND/ OR AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES, FOR SAID PURPOSES. City ofMiami Page 38 Printed on 5,26/2005 City Commission Verbatim Minutes April 28, 2005 05-00350-resolution.pdf 05-00350-exhibitl .pdf 0 5-00 350-ex h i b i t2 . p d f 05-00350-exhibit2b. pdf 05-00350-exh ibit2c. pdf 05-00350-exh ibit3. pdf 05-00350-exhibit3a.pdf 05-00350-exh ib it3b. pdf 05-00350-exh ibit3c. pdf 05-00350-summary form.pdf 05-00350-public noticel.pdf 05-00350-public notice2.pdf 05-00350-pre resolution.pdf 05-00350-agencies. pdf 05-00350-ag reement. pdf 05-00350-lions resolution.pdf 05-00350-work program.pdf 05-00350-budget summary.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0267 Chairman Sanchez: We move on to PH.6. Barbara Gomez -Rodriguez (Director, Community Development): PH.5. Chairman Sanchez: I'm sorry, PH.5. Ms. Gomez -Rodriguez: PH.5 is transferring from the 30th Year program income account $25,000 to the Lions Home for the Blind, Incorporated, and forty-nine thousand, five hundred thousand [sic] to the South Florida Employment and Training Consortium for the Miami Works project. Vice Chairman Gonzalez: I'll move 5 -- PH.5. Chairman Sanchez: All right. There's a motion -- Commissioner Regalado: Second. Commissioner Allen: Second. Chairman Sanchez: There's a motion by Commissioner -- Vice Chairman Gonzalez, second by Commissioner Regalado. It is open for discussion. Hearing no discussion, we'll turn it over to the public. Anyone from the public wishing to address this item, please step forward and be recognized Seeing none, hearing none, the public hearing is closed, coming back to the Commission. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 39 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Gomez -Rodriguez: That's it. Chairman Sanchez: All right. Thank you so much. Interpreter, thank you so much; sorry to keep you waiting. Ana Hernandez (Official sign language interpreter): No problem. City or Miami Page 40 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 EM.1 05-00371 Office of Strategic Planning, Budgeting, and Performance ORDINANCE -EMERGENCY ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12596, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2005, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 05-00371-ordinance. pdf 05-00371-summary form.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton 12681 Item EM.1 is a companion item to Item EM.2 APPROVED Chairman Sanchez: Moving right along, we go to -- let's go to EM.1, which is a four -fifth emergency ordinance. Commissioner Regalado: Who is that, EM.1 ? Chairman Sanchez: Its a four -fifth emergency ordinance. All right. Larry, you have the floor. Larry Spring: Commissioners, Larry Spring, Chief of Strategic Planning, Budgeting, and Performance. Before you is a budget appropriation amendment, which is a companion to EM.2, in preparation for transferring the -- Unidentified Speaker: DRI (Development of Regional Impact). Mr. Spring: -- DRI master -- Chairman Sanchez: DRI. Mr. Spring: -- recovery fee to DDA (Downtown Development Authority). The -- those funds need to be appropriated. This action in front of you appropriates those funds so that they can be transferred. Chairman Sanchez: All right. Is there a motion? Commissioner Regalado: I'll move it. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Regalado, second by Vice Chairman Gonzalez. It is an emergency ordinance, requiring a four -fifth. Commissioner Allen: Right. Let me -- City al Miami Page.11 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: Before we open it for discussion, is there anyone from the public wishing to address this item? Please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, corning back to the Commission. No further discussion in the Commission. Commissioner Allen. Commissioner Allen: Yeah. I just have a quick question, Mr. Chairman. The fact that this is a substantial amount of money, is there anything substantive that we need to know as a Commissioner, or is this just a perfunctory type of transfer? I mean -- Mr. Spring: Well, the -- you want to dis -- Commissioner Allen: Because before I make a decision, it's an emergency item. I mean -- Mr. Spring: Well, I would say -- Commissioner Allen: -- I would -- Mr. Spring: -- in regards to the budget amendment, those funds are collected and are sitting in an account already. Commissioner Allen: Right. Mr. Spring: So that's -- and that's the exact amount of dollars that you're appropriating at this moment in time. Commissioner Allen: Got it. Right. Mr. Spring: And with regard to the companion item, I'll let her discuss. Lourdes Slazyk (Assistant Director, Planning & Zoning): With regard to EM.2, which is the companion item, which is what these monies are to be -- Chairman Sanchez: Well, no, no. Commissioner Allen: We have to vote on the first one. Chairman Sanchez: We're on EM. I. Ms. Slazyk: OK. Chairman Sanchez: We have not voted -- Ms. Slazyk: It's related to the -- Chairman Sanchez: -- on EMI. Ms. Slazyk: -- answer, OK. Chairman Sanchez: So, on EM. I, it's very clear. Commissioner Allen, did you -- Commissioner Allen: Right. Chairman Sanchez: Are you -- City of Miami Page 42 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 EM.2 05-00356 Department of Planning Commissioner Allen: That's satisfactory, yes. Chairman Sanchez: OK, satisfactory? Commissioner Allen: Yes. Chairman Sanchez: All right. It is an emergency ordinance that requires a four -fifth vote. Mr. City Attorney, read the ordinance into the record, and then Madam Clerk, roll call. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Commissioner Allen: Right. Priscilla A. Thompson (City Clerk): First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted, as an emergency measure, 4/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (" DRI) MASTER PLAN RECOVERY FEES, IN A TOTAL AMOUNT NOT TO EXCEED $1.6 MILLION, OF WHICH APPROXIMATELY $908,000, HAVE ALREADY BEEN COLLECTED; ALLOCATING SAID FUNDS, TO THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO PAY FOR COSTS RELATED TO UPDATING THE DOWNTOWN MIAMI MASTER PLAN, AS APPROVED BY THE CITY MANAGER, FROM ACCOUNT NO. 127001. 05-00 356-ordinance . p d f 05-00356-summary form.pdf Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0278 Item EM.2 is a companion item to Item EM.1 APPROVED Chairman Sanchez: EM.2 is the DDA (Downtown Development Authority) master plan. Can you just state something on the record on that? Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. This is for actual use of those funds that you just -- Commissioner Allen: Right. Ms. Slazyk: -- dealt with on EM.1. This is in order for the Downtown Development Authority to update their master plan. The DRI (Development of Regional Impact) fees that have been collected over the last fifteen years or so into this specific account, the recovery account, is for City ofMiami Page 43 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 the purposes of paying for master plan and DRI studies as required, so we're recommending approval. Chairman Sanchez: All right. This is a resolution, not an ordinance. Madam Clerk, does it require -- Commissioner Allen: Right. Chairman Sanchez: -- a public hearing? Priscilla A. Thompson (City Clerk): Yes. Chairman Sanchez: Yes, it does. All right. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. We come back to the Commission for a motion for approval. Is there a motion? Commissioner Regalado: Move it. Chairman Sanchez: There's a motion by Commissioner Regalado. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by both Commissioner Allen and Vice Chairman Gonzalez. Any discussion on the item? Hearing none, it's a -- Vice Chairman Gonzalez: Just a question because Commissioner Winton is not here. Is Commissioner Winton aware of all this? Ms. Slazyk: Yes, he is. Chairman Sanchez: Yes. Vice Chairman Gonzalez: All right. Chairman Sanchez: All right. No further discussion on the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. City ofMiam, Page 44 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 FR.1 05-00339 Department of Code Enforcement ORDINANCE - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS/OCCUPATIONAL LICENSES," BY AMENDING SECTION 31-35(B)(4), ADDING A NEW SUBSECTION TO SECTION 31-35 AND AMENDING SECTION 31-49(A); CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-00339-resolution FR-SR.pdf 05-00339-summary form FR-SR.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: We move on to ordinance on first reading. We have FR. 1. Vice Chairman Gonzalez: I'll move FR.1. Chairman Sanchez: Well, we would like to have somebody from the Administration state something on the record as to FR. 1. Mariano Loret de Mola: Loret de Mola, Code Enforcement Director. This is an amendment to provide procedures for the licensee to appeal the denial of the application of the renewal occupational license and further clarify the grounds of denial of occupational license. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion. Is there a second? Commissioner Regalado: Second. Commissioner Allen: Well, yeah. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Regalado. It is an ordinance on first reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, it comes back to the Commission for discussion. The public hearing is closed. Commissioner Allen. Commissioner Allen.: Yeah, quick question, Mr. Chairman, and this is directed to our City Attorney. You reviewed this. Does this satisfy the due process requirements that are necessary, because -- are we deleting language and adding language, as well, correct? Jorge L. Fernandez (City Attorney): Yes. Commissioner Allen: In terms of the -- so, have we delineated all the denial -- the grounds for denial. Is there -- City of Miami Page 45 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Mr. Fernandez.: Yes. Commissioner Allen: Right. Mr. Fernandez: It -- we've worked on this ordinance with the -- Commissioner Allen: OK. Mr. Fernandez: -- with Code Enforcement. Commissioner Allen:: All right. OK, I just want to make sure. All right. Thank you. Vice Chairman Gonzalez: I just want to thank Mariano for bringing this up. I think this is very important, and it's -- you know, it's another tool that will facilitate the process, and it will give, you know, right to the business owners to do their appeals or whatever, so -- Chairman Sanchez: Any further discussion? Vice Chairman Gonzalez: -- I thank you. Chairman Sanchez: I just wanted -- as the Chair and having the right to always speak last, one of the most important factor in any legislation, whether it be judicial, or any court proceeding, or any action as -- I'm not an attorney, but I know that you are, Commissioner Allen -- is due process, and what's important to let people know that during some of these violations, whether it was zoning violation, or a Code violation, or license violation, there wasn't a well respected, founded process of due process for people to appeal, and you know, no one is above the law, and everyone should have an opportunity to take that legal avenue to appeal any decision made by the City, so this ordinance allows people to do that, so it's a step in the right direction -- Commissioner Allen: Right. Chairman Sanchez: -- as we clear a lot of the mistakes of the past in the City. Commissioner Allen: Right. Chairman Sanchez: Having said that, it's an ordinance. Mr. City Attorney, could you read it in the record, and then, Madam Clerk -- Commissioner Allen: Before you -- Mr. Chairman -- Chairman Sanchez: Yes. Commissioner Allen: -- hate to interrupt, but just a quick question back to the City Attorney. I noticed here that we're adding language to the body of this of Code Enforcement Board or special master. I do recall we've had situations here at the City whereby the Code Enforcement Board could not, if you will, delegate their duties to a special master. We're not going to have that conflict anymore, right? Mr. Fernandez: Right. Commissioner Allen: I mean, for appeal purposes to a circuit court or county court, right? Mr. Fernandez: It goes straight to circuit court, appeals. Commissioner Allen: Right, but you may recall there was a court decision, I guess it's still on City of Miami Page 46 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 appeal, as to whether or not the Code Enforcement Board can either delegate their duties to a special master to carry out the duties of the Code Enforcement Board. That's not going to be an outstanding issue. You may recall -- Mr. Fernandez: No. Commissioner Allen: -- in one of our billboard issues, that was appealed, that specific issue, that the Code Enforcement Board, in hearing these cases, that the special master that was assigned could not exercise the right to hear these cases, and maybe you might chime in on that. Mr. Loret de Mola: There is -- we passed an ordinance over here that -- it says code enforcement or a special master. Commissioner Allen: Right, so that takes care of that issue -- Mr. Loret de Mola: That takes care of that. Commissioner Allen: -- that was on appeal. Mr. Loret de Mola: Right. Commissioner Allen: You recall? Mr. Fernandez: No, I don't recall that issue, but typically -- Commissioner Allen: Yeah. Mr. Fernandez.: -- the statute is what empowers the City Commission to establish a code enforcement board -- Commissioner Allen: Right. Mr. Fernandez: -- and/or -- Commissioner Allen: Right. Mr. Fernandez: -- a hearing officer. Commissioner Allen: Right, but you do recall, right? Mr. Fernandez: And so, the powers of both of them are coterminous, and in drafting ordinances and giving one power, we also give it to the other, which is what we're doing here. We're saying Code Enforcement Board or hearing officer -- Commissioner Allen: Or the -- right. Mr. Fernandez:: -- whoever would have it. Commissioner Allen: Right, good. Thanks. Chairman Sanchez: All right. Mr. City Attorney, could you read it in the record? The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call on first reading. City ojMiami Page 47 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. City of Miami Page 48 Primed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 PART B PZ.1 05-00237 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE DISTRICT LOFTS PROJECT, TO BE LOCATED AT APPROXIMATELY 2751 BISCAYNE BOULEVARD AND 328-338 NORTHEAST 28 STREET, MIAMI, FLORIDA, TO CONSTRUCT A 153-FOOT, 12-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 84 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 2,939 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 8,838 SQUARE FEET OF OFFICE SPACE; AND APPROXIMATELY 146 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page J9 Printed on 5'26/2005 City Commission Verbatim Minutes April 28, 2005 05-00237 Legislation. PDF 05-00237 Exhibit A.PDF 05-00237 Exhibit B.PDF 05-00237 Exhibit C.PDF 05-00237 MUSP Fact Sheet.pdf 05-00237 MUSP Analysis.PDF 05-00237 Zoning Map.pdf 05-00237 Aerial Map.pdf 05-00237 Miami -Dade Aviaiton Dept Letter.PDF 05-00237 Pre -Application Comments. PDF 05-00237 URS Letter.PDF 05-00237 Variance Fact Sheet.PDF 05-00237 Variance Analysis.PDF 05-00237 ZB Reso.PDF 05-00237 School Board Comments.PDF 05-00237 PAB Reso.PDF 05-00237 Cover Page.PDF 05-00237 Table of Contents.PDF 05-00237 I ntroduction. PDF 05-00237 Applciation for Major Use Special Permit.PDF 05-00237 Legal Description.PDF 05-00237 Disclosure of Ownership.PDF 05-00237 Ownership Affidavit.PDF 05-00237 Directory of Principals.PDF 05-00237 City of Miami Zoning Atlas Map, Page 21.PDF 05-00237 City of Miami Future Land Use Map.PDF 05-00237 Aerial and Location Map.PDF 05-00237 Ownership List.PDF 05-00237 Project Data Sheet and Summary.PDF 05-00237 Summary of Approvals. PDF 05-00237 Ownership and Tax Information.PDF 05-00237 Company Information. PDF 05-00237 Application for Variance. PDF 05-00237 Article II - Project Description.PDF 05-00237 Survey.PDF 05-00237 Site Plan.PDF 05-00237 Traffic Imapact Analysis.PDF 05-00237 Site Utility Study.PDF 05-00237 Economic Impact Study.PDF 05-00237 Architectural and Landscape Drawings.PDF REQUEST: Major Use Special Permit for the District Lofts Project LOCATION: Approximately 2751 Biscayne Boulevard and 328-338 NE 28th Street APPLICANT(S): Terranova Biscayne Investments, LLC and East Boulevard Apartments, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: City of Miami Page 50 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on March 2, 2005 by a vote of 6-0. ZONING BOARD: Recommended approval with conditions* of a variance to City Commission on February 14, 2005 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the District Lofts Project. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0269 Chairman Sanchez: All right. PZ 1. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.1 -- Chairman Sanchez: First of all, before we do that, is there any opposition on PZ 1 ? All right. No opposition on the item. Ms. Slazyk: PZ.1 is a Major Use Special Permit for the District Lofts project. It's located at 328 and three-thir -- to 338 Northeast 28th Street. It is a 12-story high mixed -use structure. It's going to have 84 residential units, 2,939 square feet of retail space, 8,838 square feet of office space. The project was recommended for approval by the Planning Advisory Board. The Department is recommending approval with our standard conditions, and there are a couple of quick, little design -related conditions. One, that they explore more variety in the colors for the building facades, as exemplified in several of the works of art presented as inspirations for the project's design; B, that a different architectural treatment be required for the office portion of the building on Biscayne Boulevard, rather than the proposed continuous horizontal bands; C, simplify or remove some of the horizontal articulations of the roof ine; and D, confirm the loading dimensions and turning radius as they go through permitting with Public Works. We have found projects that have shown it one way on their plans, and then when they go get their building permits, it doesn't work, and they have to -- Commissioner Winton: Yeah, and that drives me nuts. Ms. Slazyk: -- redo that, so they need to confirm that and bring us a solution back. Chairman Sanchez: All right. Mr. Applicant, could you state your name? Gil Pastoriza: Gil Pastoriza, 2665 South Bayshore Drive. Chairman Sanchez: And just a brief on your project. Mr. Pastoriza: Briefly, Commissioner, this project is what Miami 21 is all about, and I'll go into some details. Activation of the streets, we're providing the building -- moving it towards the streets, with entire liners of habitable space all along Biscayne Boulevard and on Northeast 28th Street. We're minimizing the number of cuts. There are no curb cuts on Biscayne Boulevard. There's only one curb cut on 28th Street for the residents and the users, although all the loading occurs in the alley, through the alley. The parking structure is totally hidden from view. Landscaping, we have landscaping all along Biscayne, all along 28th. The building also is very mindful of the height; it's only 12 stories. If you see, this is probably the lowest building in that area, in that whole area. The traffic engineer is supportive of the studies that we've done. We're City ofMiami Page 51 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 well below the permitted density, and we exceed parking. With that, I conclude. Chairman Sanchez: All right. Commissioner Winton: And as it relate to staffs recommendation on accepting this with conditions. Mr. Pastoriza: We have no problems. Commissioner Winton: OK. Move -- Chairman Sanchez: All right. Commissioner Winton: -- with staff recommendation. Then I -- Chairman Sanchez: There is a motion -- Vice Chairman Gonzalez.: Second. Chairman Sanchez: -- to accept staffs recommendation. Commissioner Winton: And I would like to point out that this is significantly less dense than everything else we've been getting in Edgewater. I think it's great. 1 like, you know, the primary design, and I appreciate the fact that y'all aren't trying to stuff -- Chairman Sanchez: The motion has been made. Commissioner Winton: -- ten pounds into a five pound bag. Chairman Sanchez: The motion has been made by Commissioner Winton, second by Vice Chairman Gonzalez. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: There was no -- there is no discussion on the item. Did anyone -- I don't want to -- Commissioner Allen.: Right. No, I was just -- Chairman Sanchez: -- deny anybody a discussion on the item. Commissioner Allen: -- bringing myself back up to speed. There were -- Chairman Sanchez: No discussion. Let's do it again. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Pastoriza: Thank you. Chairman Sanchez: Thank you. Commissioner Allen: Right. PZ.2 05-00238 RESOLUTION City of Miami Page 52 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE CHANTICLEER BAYVIEW CONDOMINIUMS PROJECT, TO BE LOCATED AT APPROXIMATELY 530, 606, 622, 626 AND 634 WEST FLAGLER STREET; 625, 637 AND 643 SOUTHWEST 1ST STREET; AND 20, 28, 35, 36 AND 44 SOUTHWEST 6TH AVENUE, MIAMI, FLORIDA, TO CONSTRUCTA 196-FOOT, 21-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 245 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 10,700 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 19,810 SQUARE FEET OF OFFICE SPACE; AND APPROXIMATELY 603 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00238 Legislation.PDF 05-00238 Exhibit A.PDF 05-00238 Exhibit B.PDF 05-00238 Exhibit C.PDF 05-00238 Fact Sheet.pdf 05-00238 Analysis.PDF 05-00238 Aerial Map.pdf 05-00238 Zoning Map.pdf 05-00238 Pre -Application Comments.PDF 05-00238 URS Letter.PDF 05-00238 HEPB Reso.PDF 05-00238 School Board Comments.PDF 05-00238 PAB Reso.PDF 05-00238 Letter of Intent.PDF 05-00238 Major Use Special Permit Application.PDF 05-00238 Zoning Write-Up.PDF 05-00238 Legal Description.PDF 05-00238 Aerial.PDF 05-00238 Zoning Atlas.PDF 05-00238 Project Data Sheet.PDF 05-00238 Property Owners Within 500 Feet.PDF 05-00238 Warrenty Deeds & Tax Records.PDF 05-00238 Directory of Principals.PDF 05-00238 Project Description.PDF 05-00238 Minority Report.PDF 05-00238 Traffic Report Part I.PDF 05-00238 Traffic Report Part II.PDF 05-00238 Site Utility Study.PDF 05-00238 Economic Study.PDF 05-00238 Drawings.PDF REQUEST: Major Use Special Permit for the Chanticleer Bayview Condominiums Project City of Miami Page 53 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 LOCATION: Approximately 530, 606, 622, 626 and 634 W Flagler Street; 625, 637 and 643 SW 1st Street; and 20, 28, 35, 36 and 44 SW 6th Avenue APPLICANT(S): Sylvia Urlich Fox, Under the Sylvia Urlich Fox Land Trust Agreement Dated July 26, 1999; Flagler Medical Management, Inc., A Florida Corp; Sylvia Urlich Fox Under the Sylvia Urlich Fox Land Trust Agreement Dated July 28, 2000 APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a Certificate of Appropriateness to City Commission on February 1, 2005 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on March 2, 2005 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the development of the Chanticleer Bayview Condominiums Project. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0270 Chairman Sanchez: All right. PZ.2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.2 is a Major Use Special Permit for the Chanticleer Bayview project. This is a 21-story high mixed -use structure. It's located on Flagler Street and 6th Avenue. It will be 245 multifamily residential units, 10,000 square feet of retail, approximately 19,000 square feet of office. It's been recommended for approval by the Planning Advisory Board, and we only have our standard conditions on this one, including the archaeological condition from the HEP (Historic and Environmental Preservation) Board, and we recommend approval with these conditions. Chairman Sanchez: All right. Sir, just -- counsel, state your name and a brief presentation. Is there anyone in opposition to this item? Ben Fernandez: Thank you. Chairman Sanchez: Hearing none, seeing none, there's no opposition. Mr. Fernandez: Thank you. Mr. Chair, members of the Board, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the Sylvia Urlich Trust, with me, Mr. Hamid Bolooki, of Chanticleer Bayview Condominiums. This is a property that is located very close to the central business district, near Neo Lofts, an area that is really beginning to develop. You have recently the Citadel project under construction off of 1st Street; you have the Royal Atlantic on the river, in this triangle. It is a mixed -use project that will include 245 residential units, office space, residential -- retail, rather, everything, really, on both sides of 6th Avenue. We think it's a great project; very in accordance with your urban form guidelines. As you can see, very pedestrian friendly. It's going to activate the street, and it's really going to provide a catalyst for City gfMiami Page 54 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 this area of East Little Havana, and we're here to answer any questions that you have. Chairman Sanchez: All right. Are there any questions on this item? Need a motion to approve. Vice Chairman Gonzalez: I'll move PZ.2. Chairman Sanchez: There is a -- Commissioner Winton: Second. Chairman Sanchez: -- motion by Vice Chairman -- Commissioner Winton: Second. Chairman Sanchez: -- Gonzalez. There is a second by Commissioner Winton. For discussion, let me just say that this is the type of projects that we want in that area. Commissioner Winton: Absolutely. Chairman Sanchez: Let me just state that -- Commissioner Winton: It's fabulous. Chairman Sanchez: Just to ask you a question. How many additional parking are you having there that you're not supposed -- in other words, you're giving parking, extra parking, correct? Mr. Fernandez: We have some extra parking, that's correct. Chairman Sanchez: And the garages have the liners. Mr. Fernandez: It's entirely -- we have all -- they're -- everything is lined, and you have townhomes on 1st Street. Chairman Sanchez: This -- Mr. Fernandez: Retail on Flagler. Commissioner Winton: And you know what's exciting to me about this, and I've said it about a project being built in Commissioner Gonzalez's area, we're taking some of our poorest and most neglected neighborhoods and setting the same standards for development in those neighborhoods that we've set in District 2, and that's the way a city ought to be run. Vice Chairman Gonzalez: That's right. Commissioner Winton: It's exciting. Chairman Sanchez: It is exciting -- Commissioner Allen: It is. Chairman Sanchez: -- but you know what, Johnny, just to elaborate on -- you know, there are those out there that will criticize you no matter what you do. Commissioner Winton: Really? I hadn't noticed. City of Miami Page 55 Printed on 5/26.'2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: And we've had a perfect example today, but -- Vice Chairman Gonzalez: Well -- Chairman Sanchez: -- that's government. Vice Chairman Gonzalez: -- that's human nature. Chairman Sanchez: But I'll tell you, when you sit down and you work with staff, and you take time off of your busy schedule to sit down and try to focus on world -class projects, projects that, when people see them now, go this is not the Miami seven or eight years -- first of all, eight years ago, you had to be out of your mind to come out here and develop in that area. You had to be out of your mind to go and put a dollar investment into Little Vietnam; that was the name of that area. Commissioner Winton: Yeah, that's right. That' s -- Chairman Sanchez: Little Vietnam. Commissioner Allen: It was. Chairman Sanchez: Today, look at this project that's going to showcase the future of not only Little Havana, but the entire city. What -- we're focusing on plenty of parking. We're focusing on beautiful project, mixed -use. You look at this project and there's -- I don't see how anyone could criticize it, but I'm sure there are those who will still criticize it, but I'm very proud of this project. I'm very proud of the City working together with the developers to create a world -class project, so having said that, it is a resolution. There is a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The motion carries. Congratulations. Mr. Fernandez: Thank you very much. Ms. Slazyk: And for the record, Commissioner, there are 52 excess spaces -- Commissioner Winton: All right. Ms. Slazyk: -- so it's a good amount. Chairman Sanchez: Fifty-two extra parking. Commissioner Allen: Wow. That's pretty good. Commissioner Winton: That's a big deal. Chairman Sanchez: All right, and that's not easy to get out of these guys. All right. Thank you so much. Commissioner Allen: OK. PZ.3 05-00294 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, City of Miami Page 56 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE SOUTH MIAMI AVENUE CONDO PROJECT, TO BE LOCATED AT APPROXIMATELY 20, 30 AND 34 SOUTHWEST 13TH STREET; 15 AND 25 SOUTHWEST 14TH STREET; 1300, 1326 AND 1340 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A 736-FOOT, 65-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 589 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 21,450 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 11,568 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 730 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00294 Legislation.PDF 05-00294 Exhibit A.PDF 05-00294 Exhibit B.PDF 05-00294 Exhibit C.PDF 05-00294 Fact Sheet.pdf 05-00294 Analysis.PDF 05-00294 Zoning Map.pdf 05-00294 Aerial Map.pdf 05-00294 Pre -Application Comments.PDF 05-00294 Miami -Dade Aviation Dept Letter.PDF 05-00294 HEPB Reso.PDF 05-00294 School Board Comments.PDF 05-00294 PAB Reso.PDF 05-00294 Cover Page.PDF 05-00294 Table of Contents.PDF 05-00294 Article I - Project Information.PDF 05-00294 Letter of Intent.PDF 05-00294 Major Use Special Permit Application.PDF 05-00294 Zoning Write-Up.PDF • 05-00294 Aerials.PDF 05-00294 Zoning Atlas.PDF 05-00294 Project Data Sheet.PDF 05-00294 Corporate Document.PDF 05-00294 Computer Tax Printout Deed.PDF 05-00294 Ownership List.PDF 05-00294 Owner's Authorization Letter.PDF 05-00294 Directory of Principals.PDF 05-00294 Article II - Project Description.PDF 05-00294 Article III - Supporting Documents.PDF 05-00294 Minority Report.PDF 05-00294 Traffic Impact Study.pdf 05-00294 Site Utility Study.PDF 05-00294 Economic Impact Study.PDF 05-00294 Survey of Property.PDF 05-00294 Drawings Submitted.pdf City of Miami Page 57 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 REQUEST: Major Use Special Permit for the South Miami Avenue Condo Project LOCATION: Approximately 20, 30 and 34 SW 13th Street; 15 and 25 SW 14th Street; 1300, 1326 and 1340 S Miami Avenue APPLICANT(S): Infinity at Brickell II, LLC, Infinity at Brickell, LLC and Thirteen Hundred, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a Certificate of Appropriateness to City Commission on February 1, 2005 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on March 16, 2005 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the South Miami Avenue Condo Project. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0271 Chairman Sanchez: PZ.3. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.3 is the Major Use Special Permit for the South Miami Avenue Condos project. This is located on 14th Street in downtown. The project will be a 65-story high mixed use structure. It will have 589 multifamily residential units, 21,450 square feet of office space, 11,568 square feet of retail space. It has been recommended for approval by the Planning Advisory Board, and the Department recommends approval with a few conditions. Besides our standard conditions, we requested that -- the Planning Advisory Board actually made a separate request that the applicant provide further localized study of the ingress and egress conditions on Southwest 13th Street in relation to Southside Elementary School on the north side of the street. We also have our archaeological condition, and we requested that, with respect to the landscape, that they provide a continuous canopy of shade trees in the swale area along Coral Way, rather than palm trees, in order to provide shade for pedestrians. This is, after all, Coral Way, and in order to keep up the tradition, the landscape plan should meet that standard. Other than that, it was recommended for approval. Chairman Sanchez: All right. Before we allow the applicant, is there anyone in opposition on this item? Hearing and seeing none, ma'am. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of the property owner. This particular project, as you know, is located on south -- the corner of South Miami Avenue and 13th Street. We've been going through the Major Use Special Permit process. We've been through internal design review, and internal City in (Miami Page 58 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 design review had given the project glowing recommendations with regards to this particular project. It's fully lined on all three sides. The parking garage is lined with residential units. Also, the loading bays of this project are completely interior, and on the ground floor, we have retail, and we're hoping to have tables set up on the ground floor. With regards to the number of units, we're proposing 589, where 645 units are permitted. With regards to parking, we're providing 730 parking spaces, where 628 are required, so there's approximately an additional 102 parking spaces, and this project is also providing liner loft offices along Coral Way, and what they're hoping to do is attract those people that buy units within the building would also have an office along Coral Way, and that way it cuts back on the traffic, as well, and the project is also conveniently -- very conveniently located to the Metromover, and it's not very far away at all from the Metrorail, as well, so we're hoping that the residents will utilize that. We've met with both the South Miami Association and The Roads Association. We also met with the principal across the street to let them know about the project, so we feel very comfortable with it. We've received recommendations from the Planning Board, the Zoning Board, as well as coming out of internal design review. I have the architect with me, Reinaldo Borges, who can walk you through the project. He did a gorgeous design on this one, and he spent a lot of time, and he really took a lot of time inputting everything that we've heard over the last, you know, year or so; the things that the City wanted with regards to liner uses completely, internal loading, all those things I mentioned, Reinaldo really spent a lot of time and made sure that this project did incorporate that. Commissioner Winton: Move PZ3, with conditions. Chairman Sanchez: All right. Vice Chairman Gonzalez: Second. Chairman Sanchez: There is a motion to approve PZ3, with conditions. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. The motion was made by Commissioner Winton. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations. Ms. Pardo: Thank you very much. PZ.4 04-00726a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING AND ADOPTING THE AMENDED 2004 SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN ("AMENDED PLAN"), ATTACHED AND INCORPORATED; AND DIRECTING THE CITY MANAGER TO TRANSMIT THE AMENDED PLAN TO THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY FOR LEGISLATIVE ACTION. City of Miami Page 59 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 04-00726a Legislation.PDF 04-00726a SEOPW CRA Amended Plan.pdf 04-00726a PAB Reso 06-17-04.PDF 04-00726a PAB Reso 10-20-04.PDF 04-00726a CC-R-04-0710.PDF 04-00726a CRA-R-04-0014.PDF 04-00726a Fact Sheet 05-26-05.pdf REQUEST: To Approve and Adopt the Amended 2004 Southeast Overtown/Park West Redevelopment Plan for the Southeast Overtown/Park West Community Redevelopment Area. APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval in concept to City Commission on June 16, 2004 by a vote of 7-0. Also recommended approval as modified to City Commission on October 20, 2004 by a vote of 5-0. PURPOSE: This will approve and adopt the Amended 2004 Southeast Overtown/Park West Redevelopment Plan for the Southeast Overtown/Park West Redevelopment Area. NOTE: The City Commission continued this item on September 27, 2004 and on October 28, 2004, accepted the Planning Advisory Board's recommendation that it find the plan to be in conformity with the comprehensive plan for the development of the city as a whole. CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to continue Item PZ.4 to the meeting currently scheduled for May 26, 2005. Chairman Sanchez: PZ.4. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4, I'd like to ask for a continuance to the meeting of May 26 -- Chairman Sanchez: All right. Ms. Slazyk: -- in order to re -advertise it. The Florida Statutes require that certain things be included in the ad, so we will get that done for May 26. Chairman Sanchez: Motion to defer at the request of the staff. Is there a -- Vice Chairman Gonzalez.: Move it. Chairman Sanchez: -- motion? Commissioner Allen: Move it. City gfMiami Page 60 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: There's a motion by -- Commissioner Winton: Second. Chairman Sanchez: -- Vice Chairman Gonzalez, a second by Commissioner Winton. It's open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. PZ.5 05-00077 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 46, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT TO "SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING THE F.A.R. TO 2.23, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3300 RICE STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00077 Exhibit A.PDF 05-00077 Aerial Map.pdf 05-00077 Analysis.PDF 05-00077 Application & Supp Docs.PDF 05-00077 Legislation.PDF 05-00077 SR Fact Sheet.pdf 05-00077 ZB Reso.PDF 05-00077 Zoning Map.pdf REQUEST: To Amend Ordinance No. 11000 from SD-2 Coconut Grove Central Commercial District to SD-2 Coconut Grove Central Commercial District with an SD-19 Designated F.A.R. Overlay District, Increasing the F.A.R. to 2.23 to Change the Zoning Atlas LOCATION: Approximately 3300 Rice Street APPLICANT(S): Geoffrey Jackson, Owner and Arquitectonica International Corp., Contract Purchaser APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 24, 2005 by a vote of 9-0. C'Hy of Miami Page 61 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 PURPOSE: This will change the above property to SD-2 Coconut Grove Central Commercial District with an SD-19 Designated F.A.R. Overlay District, increasing the F.A.R. to 2.23. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12671 Chairman Sanchez: We move over to PH (public hearing) -- I mean, PZ.5. Commissioner Allen: PZ.5. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.5 is a second reading ordinance. It is a change of zoning for the property at 3300 Rice Street. This is in order to add the SD-19 overlay for an FAR (floor area ratio) of 2.23. It was recommended for approval by the Zoning Board, denial by the Planning Department, and passed the City Commission first reading on March 24. Chairman Sanchez: All right. Vice Chairman Gonzalez.: All right. Chairman Sanchez: Counsel, you're ready for your presentation? Commissioner Winton: Any opposition? Chairman Sanchez: Is there any opposition to this item? Please step forward and be recognized. Seeing none, hearing none, there is no opposition. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf of Bernardo Fort -Brescia and Laurinda Spear, who want to locate their design offices in Coconut Grove. We made a presentation to you the last time, and as you may recall, Bernardo wasn't here to give his Commissioner Winton: Well, he was; he was just late, so we denied it, didn't we? Oh, no, we passed it. I'm sorry. Ms. Dougherty: You passed it, but just as note and of interest, this is the exact location where they started their design offices, with Laurinda Spear --1 mean, with Elizabeth Plater-Zyberk and Andres Duany, 26 years ago, so it has some particular noteworthiness to Bernardo, so I'm going to let him make the presentation. Bernardo Fort -Brescia: Good afternoon. You may be familiar with the site. Priscilla A. Thompson (City Clerk): I'm sorry. I'm sorry. I can't hear and 1 didn't -- Mr. Fort -Brescia: My name is Bernardo Fort -Brescia. I'm a principal with Arquitectonica. Vice Chairman Gonzalez: Excuse me. Commissioner Winton: Yeah, and pull -- Bernardo, pull the microphone closer, OK, or use that one. Gty of Miami Page 62 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: Yeah. Mr. Fort -Brescia: I'll use this one. Good afternoon. My name is Bernardo Fort -Brescia. I'm a principal with Arquitectonica, and 1'd like to give you -- orient you where the site is. The site is what you see here in red, on the corner of Oak and Rice Streets. It is surrounded by -- in two directions -- by two garages; one is a municipal garage that you built at the corner of Tigertail along Oak, and in the other direction is the garage for Mayfair, which presents a blank wall onto our facade in that direction. Across the street is the City of Miami fire station, and there's an office complex comprised of a continental plaza in the second building that is the original Baldwin and (UNINTELLIGIBLE) Architects office building, as you see here denoted in this area. The same classification that we're seeking is everything that you see around here, and you can see that there are mixed -use projects, and garages, and office buildings surrounding the site where we are proposing to build an office building, within the permitted envelope that is permitted by the Code. We are looking to provide only limited parking within the site, and we're planning to reach an agreement to provide parking in the adjacent garages that will supplement the parking that we would need for our staff in the neighborhood. The intent is to move our offices here, and bring our staff, and use the facilities around Coconut Grove, and make these parking garages that are generally used on weekends and nights for retail also active during the weekdays in which people work in our offices, and I think that is a summary of what we are seeking to do, and thank you. Ms. Dougherty: 1-- we did go to the One Grove Alliance, and they were supportive, if he would -- on a couple of conditions. One is that he pay the parking trust fund, which we intend to do for our required parking, as well as actually park in the garage, which is something else we committed to do. Commissioner Winton: So move PZ.5 with conditions. Vice Chairman Gonzalez: All right. We have a motion on P -- Ms. Slazyk: It's a change of zoning. There's no conditions. Commissioner Regalado: Second. Ms. Slazyk: That's just what they agreed to do, but they do have to come in for a Class II, so / jotted down what the conditions were. Commissioner Winton: OK, good. Commissioner Allen: Right. Just -- Vice Chairman Gonzalez: OK, we have -- Commissioner Winton: So we'll get those conditions locked in then. Great. Thank you. Commissioner Allen: No, I just wanted -- I stepped out for a moment momentarily, so there are conditions that are being imposed here, as well? Commissioner Winton: No. Ms. Slazyk: The -- there are no conditions -- Commissioner Allen: No conditions. City of Miami Page 63 Printed on 5,26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Slazyk: -- that you can put on zoning changes -- Commissioner Allen.: Right. Ms. Slazyk: -- but because its SD-2, they will need a Class II Special Permit. In the Class II, we're going to make sure they meet their parking requirements, which includes -- Commissioner Allen: Right. Ms. Slazyk: -- paying into the trust fund. Commissioner Allen: Because this rezoning will allow them to increase the FAR in that central business district in the Coconut Grove area, correct? Ms. Slazyk: Correct, to 2.23. Commissioner Allen: All right. Vice Chairman Gonzalez: All right. We have a motion and we have a second. This is an ordinance, right? Ms. Thompson: Yes, it is. Commissioner Allen: This is on which reading? Vice Chairman Gonzcilez: It's an ordinance or resolution? Commissioner Winton: It's an ordinance. Ms. Thompson: It's an ordinance. Commissioner Allen: Ordinance. Is this -- Vice Chairman Gonzalez.: An ordinance. OK, Mr. City Attorney. Commissioner Allen: This is first reading? Jorge L. Fernandez (City Attorney): Yes. Commissioner Winton: It's the second reading. Vice Chairman Gonzalez: Second reading. Mr. Fernandez: Second reading. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez.: Roll call, Madam Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.6 05-00144 ORDINANCE Second Reading City ofMiami Page 64 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 17, MAJOR USE SPECIAL PERMITS, MORE PARTICULARLY SECTION 1706; IN ORDER TO MODIFY PROVISIONS RELATED TO MODIFICATIONS OF MAJOR USE SPECIAL PERMITS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00144 Legislation.PDF 05-00144 PAB Reso.PDF 05-00144 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 2, 2005 by a vote of 5-0. PURPOSE: This will remove certain time constraints imposed on the City Commission as it relates to their review of substantial modifications to Major Use Special Permits. Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12677 Vice Chairman Gonzalez: PZ.6. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 6 is a second reading ordinance amending the provisions in Article 17 regarding substantial modifications to Major Use Special Permits in order to eliminate the requirement that it be heard within two Commission meetings, and change it so that these items would be treated as a brand-new Major Use Special Permit. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody in the public that wants to oppose to this item, that wants to address the Commission? Seeing none, hearing none, the public hearing is closed, comes back to the Commission. We need a motion. Jorge L. Fernandez (City Attorney): An ordinance -- Commissioner Allen: All right, so (UNINTELLIGIBLE) -- Vice Chairman Gonzalez: We need a motion. Commissioner Allen: For discussion. Commissioner Winton: Well, I wasn't -- Commissioner Allen: I want -- City of Miami Page 65 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Winton: I was sitting here completely off in La -La Land. Commissioner Allen: Yeah. I'm -- Commissioner Winton: Sorry. Commissioner Allen: Mr. Chairman, as well. Vice Chairman Gonzalez: Yeah. We need to have a motion and a second for discussion, and then -- Commissioner Allen: Oh, I'm sorry. I'll make a motion. Commissioner Regalado: I'll move it. Vice Chairman Gonzalez: OK. We have a motion. Do we have a second? Commissioner Allen: Second. Vice Chairman Gonzalez: Second. Discussion. You're recognized, Mr. -- Commissioner Allen. Commissioner Allen: Yes, and Lourdes, you indicated that the purpose of this is to eliminate two meetings, right, and lump it into one -- Ms. Slazyk: No. Commissioner Allen: -- relative -- Ms. Slazyk: No. When a Major Use Special Permit -- Commissioner Allen: Right. Ms. Slazyk: -- after its approved, if it comes back to you as a substantial modification -- Commissioner Allen: Correct. Ms. Slazyk: -- you have to act within two meetings -- Commissioner Allen: Meetings, correct. Ms. Slazyk: -- or else it's deemed approved, as recommended by the Director of Planning. This removes that requirement, so you can treat it like a brand-new Major Use Special Permit without the limiting time, and as you may recall, we ran across this on several Major Use Special Permits. Commissioner Winton: And it really created -- Commissioner Allen: OK. This -- Ms. Slazyk: This gives you -- Commissioner Winton: -- a huge problem for us. Ms. Slazyk: -- more time to work it out. City of Miami Page 66 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen:: This inures to our benefit, right, yeah. Ms. Slazyk: Yes, yes, absolutely. Commissioner Winton: This is a good, good change. Commissioner Allen: Yeah, this is a good one. It inures -- right, right, and it's been properly noticed, so -- right. Ms. Slazyk: Yes. Commissioner Allen: Good. Vice Chairman Gonzalez: All right. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call, Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.7 05-00224 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13 OF THE MIAMI CITY CODE, AS AMENDED, BY AMENDING ARTICLE II. DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE IN ORDER TO MODIFY PROVISIONS RELATED TO THE DOWNTOWN DRI INCLUDING CLARIFICATION OF CERTAIN DEFINITIONS, PROVIDING FOR AN UPDATED FEE TABLE AND ADDING A CONSUMER PRICE INDEX; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00224 SR Legislation.PDF 05-00224 SR Fact Sheet.pdf REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will modify provisions related to the Downtown DRI, including certain definitions, an update of fees and adding a consumer price index. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez City of Miami Page 67 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 12678 Vice Chairman Gonzalez.: PZ7 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 7 is an amendment to the City Code regarding the Downtown Development of Regional Impact. As you recall, we amended -- we adopted Increment II several months ago. This is second reading on the Code amendment adopting the language to the City Code, updating it, and including the update of the fees for Increment IL The copy you're being handed out is the real final copy, which I also handed out at first reading. In the package, there -- it's not showing some of the stricken language, so I wanted it to be very clear what you are adopting today, which is in the yellow copy. Commissioner Winton: Move PZ.7 on second reading. Vice Chairman Gonzalez: All right. We have a motion. This is a public hearing. Commissioner Winton: Oh, sorry. Vice Chairman Gonzalez: Anybody from the public that wants to address the Commission; anybody in opposition of the item? Seeing none, hearing none, we have a motion. Do we have a second? Commissioner Allen: You have a second. Just -- and I need a discussion just quickly on this. Commissioner Regalado: Second. Vice Chairman Gonzalez: OK. We have a second. Discussion. You're recognized, Commissioner Allen. Commissioner Allen: Yes, Mr. Chairman. The yellow copy you just mentioned, Lourdes, this was substitute for the current one that we had before us? Ms. Slazyk: Right. I have -- Commissioner Allen: So there's no -- Ms. Slazyk: I also handed -- Commissioner Allen: -- substantive changes? Ms. Slazyk: -- this out at first reading. What -- Commissioner Allen: OK. That's what I wanted to make sure of Ms. Slazyk: We were having a glitch in that the stricken language isn't being shown in the package in front of you. It -- the old fees were not shown as stricken, and in order for us to codify this and send it to Municipal Code Corporation, it's got to look like this, so I wanted to be very clear that we're striking the old fees, and we're -- Commissioner Allen: Fees and -- Ms. Slazyk: -- adopting the new fees, and the yellow copy is just very clear as to what's being done. Commissioner Allen: OK. Thank you. City of Miami Page 68 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Vice Chairman Gonzalez: All right. Any further discussion? Seeing none, this is an ordinance. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Commissioner Allen: You know, with all due respect, Mr. Chairman -- Vice Chairman Gonzalez: Right. Commissioner Allen: -- just one further clarification. This has been properly noticed, and now we've established the table of the fee schedule because I do know that this table fee schedule will serve as a coefficient, and it will effect some hotel uses and the like, correct? Ms. Slazyk: All uses in the Downtown -- Commissioner Allen: Right. Ms. Slazyk: -- DRI (Development of Regional Impact). Commissioner Allen: And they've been noticed, so it won't -- Ms. Slazyk: It's been properly noticed. Commissioner Allen: -- come as a surprise? Ms. Slazyk: Yeah. We still have a few credits left in Increment I. The rest -- and the projects have been approved already to use those credits. As credits are -- Commissioner Allen: Right. Ms. Slazyk: -- issued for Increment II -- Commissioner Allen: 11. Ms. Slazyk: -- these are the fees they will pay. Commissioner Allen: OK, thank you. PZ.8 05-00234 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO MODIFY THE (0) "OFFICE" ZONING CLASSIFICATION TO INCLUDE FIRE STATIONS AS CONDITIONAL PRINCIPAL USES, SUBJECT TO A SPECIAL EXCEPTION PERMIT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City gfMiami Page 69 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 05-00234 Legislation.PDF 05-00234 PAB Reso.PDF 05-00234 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 2, 2005 by a vote of 6-0. PURPOSE: This will modify the 0 Office zoning classification to include fire stations as conditional principal uses, subject to a special exception permit. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez Vice Chairman Gonzalez: All right. PZ.8. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.8 is a first reading ordinance. This is to modify the Office zoning classification to allow fire stations as conditional uses, subject to a special exception with City Commission approval. We amended the Code about a year ago to add fire stations in the C-1 district under the same criteria. In particular, in Coral Way is where the fire station -- Fire Department is having trouble finding sufficient C-1 property, and sizes, and prices that will work for them. There are some 0 (Office) properties along major arterials. They will go through special exception, Commission approval, in order to do it. Commissioner Winton: Makes sense to me. Ms. Slazyk: And they can stay out -- Commissioner Regalado: Huh? Commissioner Winton: Makes sense. Ms. Slazyk: -- of the single-family neighborhoods, so -- Commissioner Winton: Move it. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody in opposition of this item that wishes to address the Commission? Hearing none, seeing none, we have a motion. Do we have a second? Commissioner Allen: Second. Vice Chairman Gonzalez: And we have a second. Discussion. Commissioner Regalado: Just -- Vice Chairman Gonzalez: Yes, Commissioner. City of Miami Page 70 Printed on 5'26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Regalado: -- on the fire station thing, there is a lot -- Chief there is a lot on 37th Avenue, like by 13, that's just way west on the City border with Coral Gables, but just a reminder. How much do we have for the -- to buy the lot? Do we have any like set -- Deputy Chief Maurice Kemp: I believe we have -- Deputy Chief Kemp, Fire -Rescue. 1 believe we have approximately 2.5. Commissioner Regalado: For the -- Commissioner Winton: Well, you better hurry up before that 2.5 is 30 percent short. Commissioner Regalado: Yep. Deputy Chief Kemp: It's happening every day. Commissioner Regalado: No, I mean, because there is a site -- Deputy Chief Kemp: 37th and 30 -- 13th, did you say? Commissioner Regalado: Yeah. Deputy Chief Kemp: OK, we will take a look at it. Commissioner Regalado: It's a whole corner, but it's way west. It's way west and that's the only thing I'm afraid of. It's just -- Deputy Chief Kemp: It is west of where we wanted to be, but we'll take a look at it and get back to you, and let you know what we think. Commissioner Regalado: Thank you. Vice Chairman Gonzalez: All right. Any further discussion? OK, Mr. City Attorney, its a resolution. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez.: Roll call, Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.9 05-00235 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 620, SD-20 EDGEWATER OVERLAY DISTRICT; SD-20.1 BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT, TO ALLOW MODIFICATIONS AND EXCEPTIONS TO SETBACK LIMITATIONS CONDITIONALLY; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City o -Miami Page 71 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 05-00235 Legislation.PDF 05-00295 PAB Reso.PDF 05-00235 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 2, 2005 by a vote of 6-0. PURPOSE: This will allow modifications and exceptions to setback limitations conditionally in Edgewater. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez Vice Chairman Gonzalez.: OK, PZ.9. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.9 is a first reading ordinance amending the SD-20.1. This is the Biscayne Boulevard Overlay District in the Edgewater area. This is to allow some exceptions to the setback limitations on the Boulevard in order to provide arcades. We've done this in Coral Way; we've done it on 8th Street, and we believe, on Biscayne Boulevard, it's -- it would allow for much friendlier ground floor pedestrian uses, with the arcade coming, you know, coming out; some shade for making it a much more walkable -- Commissioner Allen: Walkable. Ms. Slazyk: -- boulevard in this area, so it's been recommended for approval by the PAB (Planning Advisory Board). Vice Chairman Gonzalez: All right. This is a public hearing. Anybody that wishes to address the Commission? Anybody in opposition of this item? Seeing none, hearing none, the public hearing is closed, comes back to the Commission. Commissioner Allen: Just -- Commissioner Winton: Move PZ.9, but I have questions. Vice Chairman Gonzalez: We have a motion. Commissioner Allen: And just a quick question. Commissioner Regalado: Second. Commissioner Allen: I'll second it, but just for discussion. I -- Vice Chairman Gonzalez: Second for discussion. You're recognized, Commissioner Allen. Commissioner Allen: Yes, sir, Commissioner Gonzalez. Lourdes, you just mentioned the setback requirements. This deals with exceptions to the setback requirements. You want to make this, as City ofMiami Page 72 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 you said, pedestrian friendly. If you will, does that allow for placing out tables on the sidewalk? I mean, this whole -- Ms. Slazyk: Yes. Commissioner Allen: Because that's always an issue. Ms. Slazyk: Yeah. The exception to the setback is so they can actually place the columns for an arcade out there. The conditions under which somebody could request it, they'd have to meet a 65 percent ground floor retail, or service, or restaurant uses, including tables and chairs. They have to meet a 50 percent transparency requirement, so if somebody wants to do it, they just can't put those columns out there -- Commissioner Allen: Columns. Ms. Slazyk: -- and have blank walls. Commissioner Allen: Right. Ms. Slazyk: They have to include retail service, restaurant -- Commissioner Allen:: Right. They have to -- right. Ms. Slazyk: -- uses, and transparency. Commissioner Allen: Otherwise, it won't be approved. Ms. Slazyk: Otherwise, they can't even ask for it. Commissioner Allen: Great. Vice Chairman Gonzalez: All right. Any further discussion? Commissioner Winton: Yeah. I have -- Vice Chairman Gonzalez: Yes, Commissioner Winton. Commissioner Winton: It's really an unrelated question, but it relates to the same district, and I thought that I'd asked the question before, and I don't remember if y'all are working on this or not. We've said many times that we think that the development that's going on in Edgewater is significantly greater than those roads are ever going to be able to handle. It isn't as though there's any other option. You got dead-end roads, and traffic consultants -- let's put it this way, I've yet to see a traffic consultant that hasn't said the traffic doesn't work, but we know that that is absolutely a unique area because it dead -ends. Every single road, with the exception, I think, of three, dead-end, and you don't even have big turning basins back down there, so are we working on trying to get this figured out? Ms. Slazyk: I don't know if you want to -- I believe the -- Commissioner Winton: Like yanking bonuses and those -- Ms. Slazyk: Yeah. Commissioner Winton: -- kinds of things. You know what I mean? City ofMiami Page 73 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Slazyk: Well, we've started to look at the bonuses and how they apply, and doing a bonus study. I also think that what we come up with will probably be fed into Miami 21 for a solution, but just so you know, as projects come in at the end of the streets, we've required them to put in appropriate turning areas, like at -- Commissioner Winton: Yeah, but -- Ms. Slazyk: -- 25th, there was a MUSP (Major Use Special Permit) approved -- Commissioner Winton: -- Lourdes, you know -- Ms. Slazyk: -- we required the turnaround. Commissioner Winton: -- let's think about it. You've got little, narrow streets -- Ms. Slazyk: Yeah. Commissioner Winton: -- some of the narrowest in the City of Miami; they barely work for two-way --1 mean, they're almost one-way streets, but we've -- they're two-way streets, and they were designed to accommodate single-family and small multifamily residential projects, and we're building 15-, 25-, 50-story towers. 1 don't give a hoot what you suggest to me they're doing at the end. If you line both sides of the entire street with all of those buildings, it isn't going to work. Ms. Slazyk: We've begun to look at the bonuses, and we're going to come back with a recommendation. Commissioner Winton: Thank you. Vice Chairman Gonzalez: All right. Any further discussion? Seeing none, Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Madam Clerk -- Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Gonzalez: -- roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.10 04-01242 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, MORE PARTICULARLY BY AMENDING SECTION 617.2.2.2 (1) (b) TO CHANGE THE AMOUNT CHARGED FOR PARKING FEES IN THE SD-17 OVERLAY DISTRICT, WHERE BONUS PARKING IS PERMITTED, FROM PREVAILING RATES FOR PUBLIC METERED PARKING IN THE VICINITY, AS ESTABLISHED BY THE MIAMI DEPARTMENT OF OFF-STREET PARKING TO A SET AMOUNT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. First Reading City gfMiami Page 7.1 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 04-01242 Legislation.PDF 04-01242 City Attorney's Memo.pdf 04-01242 PAB Reso.PDF 04-01242 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 2, 2005 by a vote of 6-0. PURPOSE: This will change the amount charged for parking fees in the SD-17 South Bayshore Drive Overlay District. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez Vice Chairman Gonzalez: OK, PZ10. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 10 is an amendment to Section 617, SD-17, regarding the parking fees where bonus parking is permitted. Currently, it sets that the rates will be the prevailing rates for public metered parking in the vicinity, but it doesn't really set an amount below which it shouldn't go. Sometimes the meters in the areas are actually lower, and the garage can't be changing their rates everyday, so this just sets a -- in no event shall the rate be set below $1.25 per hour. Commissioner Winton: So move. Oh, sorry. Vice Chairman Gonzalez: All right. This is -- Commissioner Winton:: It's a public hearing. Vice Chairman Gonzalez: -- a public hearing. Anybody from the public that wishes to address the Commission or anybody that is in opposition of this item, please come forward. Seeing none, hearing none, we have a motion. Do I hear a second? Commissioner Allen: Second. Commissioner Regalado: Second. Vice Chairman Gonzalez: And we have a second. OK. This is an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 75 Printed on 5/2612005 City Commission Verbatim Minutes April 28, 2005 Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.11 04-01179a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATING TO HOME OCCUPATIONS BY AMENDING ARTICLE 9, SECTION 906 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, IN ORDER TO MODIFY THE REQUIREMENTS CONCERNING HOME OCCUPATIONS, TO ADD CERTAIN SPECIAL DISTRICTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-01179a Legislation.PDF 04-01179a PAB Reso.PDF 04-01179a SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 16, 2005 by a vote of 7-0. PURPOSE: This will allow home occupations in certain special districts. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Vice Chairman Gonzalez: All right. PZ.11. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 11 is an ordinance for first reading concerning home occupations. This is in order to add the Park West and Midtown Special Districts. A couple months ago, you approved our extended home occupation ordinance, which allows for much greater flexibility for live/work options. This is to add the Park West Districts and the -- Southeast Overtown/Park West Districts and Midtown to the list of special districts that can use this. What it does is it lets them use their home up to 50 percent for work/live, so if you're doing liner units on garages, or town house units, you can actually have a business downstairs and live upstairs. The PAB (Planning Advisory Board) loved this ordinance; they complimented it greatly, and we're recommending approval. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody from the public that wants to address the Commission or wants to speak in opposition of this item, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Winton: Move PZ.11. Vice Chairman Gonzalez: We have a motion. Commissioner Allen: 111 second it just for a quick discussion. Vice Chairman Gonzalez: And we have a second. Discussion. Commissioner, you're recognized. City of Miami Page 76 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: Yes, Mr. Chairman. Lourdes, this particular ordinance does in no way eliminate home occupations from acquiring a permit, right? Do they need to get -- Ms. Slazyk: No. Commissioner Allen: -- a occupational license? Ms. Slazyk: They still need to come get their occupational license. Absolutely. Home occupation -- they still have to come get an occupational license -- Commissioner Allen: Occupational license, that's right. Ms. Slazyk: -- from the City. Absolutely. Commissioner Allen: So make -- yeah. Ms. Slazyk: Yes. Commissioner Allen: We make that perfectly clear. This does not excuse -- Ms. Slazyk: No. Commissioner Allen: -- a person from -- Ms. Slazyk: It's no different than home occupation as it exists today; it just increases the percentage in these districts, if you're on the ground floor or in a liner unit. That's it. Commissioner Allen: Thank you. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. Any further discussion? Seeing none, Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): If I might, before I start, is Commissioner Regalado part of the vote? Chairman Sanchez: I don't believe so. Ms. Thompson: OK. Vice Chairman Gonzalez: I don't believe so. Chairman Sanchez: All right. Ms. Thompson: Roll call. Vice Chairman Gonzalez: Yes, ma'am. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City )[Miami Page 77 Primed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 PZ.12 05-00295 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6 TO AMEND SECTION 627, FEC CORRIDOR DISTRICT, TO RENAME OF THE SPECIAL DISTRICT FROM FEC CORRIDOR DISTRICT TO MIDTOWN MIAMI SPECIAL DISTRICT AND CERTAIN DEFINITIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00295 Legislation.PDF 05-00295 PAB Reso.PDF 05-00295 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 16, 2005 by a vote of 7-0. PURPOSE: This will amend the name of the FEC Corridor District to Midtown Miami Special District and certain definitions. Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Vice Chairman Gonzalez: PZ.12. Chairman Sanchez: PZ.12. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.12 is a first reading ordinance in order to do a couple things; update some definitions and change the name of the SD-27 district from FEC (Florida East Coast) Corridor District to Midtown Miami Special District, and to update some of the definitions, clarify some language. It's been recommended for approval by the Planning Advisory Board. Chairman Sanchez: All right. Is there a motion? Commissioner Allen: I'll move the item -- Commissioner Winton: Move it. Commissioner Allen: -- Mr. Chairman. Chairman Sanchez: There's a motion -- Commissioner Winton: Second. Chairman Sanchez: -- by Commissioner Allen, second by Commissioner Winton. Before we do that, it's an ordinance on first reading, therefore, requiring a public hearing. Anyone from the public wishing to address this Commission pertaining to this ordinance, please step forward and City of Miami Page 78 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 be recognized. Seeing none, hearing none, it comes back to the Commission. Mr. City Attorney, could you read the ordinance into the record? The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.13 05-00296 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6 SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 627.1 TO RENAME THE SPECIAL DISTRICT FROM BUENA VISTA YARD EAST SPECIAL DISTRICT TO MIDTOWN MIAMI EAST SPECIAL DISTRICT, AND BY AMENDING CERTAIN PROVISIONS RELATED TO SETBACKS, HEIGHT, PARKING, LOADING, BUILD -TO LINES AND STREETSCAPES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00296 Legislation.PDF 05-00296 Zoning Map.pdf 05-00296 Aerial Map.pdf 05-00296 PAB Reso.PDF 05-00296 FR Fact Sheet.pdf 05-00296 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 16, 2005 by a vote of 7-0. First Reading PURPOSE: This will rename the Buena Vista Yard East Special District to Midtown Miami East Special District and amend certain provisions. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: PZ.13 is an ordinance on first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. This is also -- it's a companion to the other one. This is to update the name of SD-27. 1. Chairman Sanchez: All right. City of Miami Page 79 Prinied on 5%26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Slazyk: And some other cleanup in the language, including some allowances for variations in height, a ten percent increase. Commissioner Winton: Move it. Chairman Sanchez: All right. There's a motion. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: There's also a second. Motion is made by Commissioner Winton, second by Vice Chairman Gonzalez. Before we open it up for the purpose of discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. At this time, no further discussion on the ordinance. Mr. City Attorney, could you read the ordinance into the record? The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Chairman Sanchez: All right. PZ.14. Jorge L. Fernandez (City Attorney): It's been deferred. Ms. Slazyk: That was deferred. Chairman Sanchez: It's been deferred. Commissioner Allen: Yes. Vice Chairman Gonzalez: It was deferred. Commissioner Allen: Yes. Ms. Slazyk: Yes. This one was to -- Ms. Thompson: Yes. Ms. Slazyk: -- June. PZ.14 04-00723 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE 1237 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1237 BISCAYNE BOULEVARD, 324 AND 444 NORTHEAST 13TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 57-STORY MIXED -USE STRUCTURE CONSISTING OF 408 TOTAL MULTIFAMILY RESIDENTIAL UNITS, APPROXIMATELY 17,160 SQUARE FEET OF RETAIL/OFFICE USE, AND 570 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING City of Miami Page 80 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00723 MUSP Analysis.PDF 04-00723 Zoning Map.pdf 04-00723 Aerial Map.pdf 04-00723 School Brd Recomm.PDF 04-00723 Traffic Impact Analysis.PDF 04-00723 PAB Reso.PDF 04-00723 Sp Ex Fact Sheet.pdf 04-00723 Sp Ex Analysis.PDF 04-00723 ZB Reso.PDF 04-00723 Legislation.PDF 04-00723 Exhibit A.PDF 04-00723 Exhibit B.PDF 04-00723 Exhibit C.PDF 04-00723 Plans.pdf 04-00723 Plans Re-submittal.pdf 04-00723 MUSP Fact Sheet 04-28-05.pdf REQUEST: Major Use Special Permit for the 1237 Biscayne Boulevard Project LOCATION: Approximately 1237 Biscayne Boulevard and 324 and 444 NE 13th Street APPLICANT(S): 1237 Biscayne Blvd, LLC, Owner and 1237 Biscayne Development Group, LLC, Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 16, 2004 by a vote of 6-0. ZONING BOARD: Granted the special exception on June 28, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the 1237 Biscayne Boulevard Project. CONTINUED A motion was made by Vice Chairman Gonzcilez, seconded by Commissioner Regalado, and was passed with Commissioner Allen voting no and Commissioner Winton absent, to continue Item PZ. 14 to the Commission meeting currently scheduled for June 23, 2005. Chairman Sanchez: All right. Lets get -- Lucia Dougherty.: I have another -- Commissioner Allen: OK. City ofMiann Page 81 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Dougherty: -- request. Chairman Sanchez: -- rocking and rolling here. Commissioner Allen: I think there's another one. Ms. Dougherty: I have another request -- Chairman Sanchez: Oh, I'm sorry. Ms. Dougherty: -- for a deferral for two months to PZ.14, which is 1220 -- 37 Biscayne Boulevard project, and I would like a deferral for two months. Commissioner Allen: Wait. Chairman Sanchez: All right. Commissioner Allen: Which -- Lourdes Slazyk (Assistant Director, Planning & Zoning): The Administration does object to this proposal. Commissioner Allen: Yeah. That's -- Chairman Sanchez: You do object -- Ms. Slazyk: Yes. Chairman Sanchez: -- to that one? OK. Ms. Slazyk: It's been continued since July of 2004 -- Commissioner Allen: Right. That's -- Ms. Slazyk: -- and we are not recommending you continue it again. Ms. Dougherty.: Well, Mr. Chairman, here's the point. This is the property that is adjacent to the Performing Arts Center. Three days ago, the Hearing Boards asked me what I'm going to do, and I said I'm either going to -- I'm going to continue this for two months. Nobody bothered to tell me that they were going to object. I only hear it by coincidence when I talked to Lourdes this afternoon. I'm not -- Chairman Sanchez: Well -- Ms. Dougherty: I don't have any plans. I don't have an architect. Actually, my architect's here, but I don't have a client. We never intended to go forward today. We hope that we have a resolution of this matter in the next couple of days, and I will withdraw this application in total if we don't have this worked out in the next two months. Chairman Sanchez: But here's -- Commissioner Allen: Yeah. Mr. Chairman -- yeah. Chairman Sanchez: -- the question. The question is, does it put the City in a liability based on City o(Miami Page 82 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 the applicant asking for a deferral? Ms. Slazyk: The applicant asking for a deferral, they are assuming that you were going to say yes, and you don't have to say yes. If they weren't prepared to make their presentation, that's really not your fault. Commissioner Allen: Right. Chairman Sanchez: Well, this item has been in front of us -- Commissioner Allen: Right. Ms. Slazyk: Since July of 2004. Chairman Sanchez: All right. Commissioner Allen: If I can, Mr. Chairman -- Ms. Dougherty: But this has been continued on your -- Commissioner Allen: -- why can't we go forward with this? Is there a justifiable reason? Just be -- Ms. Dougherty: Yes. The justifiable reason is that we may not ever -- Vice Chairman Gonzalez: They were never notified. Ms. Dougherty: -- have to have a hearing because the State may buy the property, so why have - - why go through an entire lengthy hearing when we don't have to? Vice Chairman Gonzalez: Exactly. Commissioner Allen: But, wait, wait. I'm confused. OK. Chairman Sanchez: All right. Mr. Attorney, before we -- Commissioner Allen: Yeah. Chairman Sanchez: Mr. Attorney, could you shine some light on this? You're very aware of this item. Jorge L. Fernandez (City Attorney): Yes, I am. Even though this item has been continued several times, I believe that Ms. Dougherty will -- Commissioner Allen: PZ.14. Mr. Fernandez: Yes. The first three times that the item was continued, it was continued at the behest of the City. Ms. Dougherty: And over our objection, at the time. Mr. Fernandez: What was that, ma'am? Ms. Dougherty: And over our objection, at the time. City ofMiami Page 83 Printed on 5,26/2005 City Commission Verbatim Minutes April 28, 2005 Mr. Fernandez: Correct. The last two times that the item has been continued, it has been, I believe, at the request -- Ms. Dougherty: That's correct. Mr. Fernandez: -- of the applicant. Ms. Dougherty: That's correct. Commissioner Allen: OK. Mr. Fernandez: If the applicant -- it is totally within the discretion of this Commission as to whether you grant her request to continue it or not. Staff is ready to proceed It's duly, properly advertised -- Commissioner Allen: Yeah. That's the question. Mr. Fernandez: -- and you need to take into account the applicant's request. The Administration is ready to proceed, and I'm ready to opine and advise you as to the merits of the application, if you are so inclined to consider it -- Commissioner Allen: Right. Mr. Fernandez: -- but it's solely within your discretion. Chairman Sanchez: All right. Commissioner -- Commissioner Allen: Well, Mr. -- Chairman Sanchez: Vice Chairman Gonzalez. Commissioner Allen: -- Chairman. Vice Chairman Gonzalez: Yes. The problem here is that, you know, counsel has already said that they are not prepared. They were not prepared, and it is totally unfair. I mean, if the City requested three deferrals because it was convenient to the City at the time to defer the item, against their opposition, and now they're requesting a deferral. I'm telling you, I'm one vote here, but I'm going to vote for the deferral. Chairman Sanchez: All right. Vice Chairman Gonzalez: Because we need to -- you know, we need to play fair -- Commissioner Allen: Right. Chairman Sanchez: Commissioner Allen. Vice Chairman Gonzalez: -- on both sides. Commissioner Allen: Yeah. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Yeah, Mr. Chairman, in light of what Mr. -- Commissioner Gonzalez just stated, the City asked for a deferral three times, and it appears the last two times, it was the applicant, and this apparently has been noticed for today. I'm aghast at -- when I hear -- no City of Miami Page 84 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 reflection on you, Lucia, that counsel says they're not prepared to go forward when this has been, if you will, you said properly noticed, right -- Mr. Fernandez: Yes. Commissioner Allen: -- for today? And -- Mr. Fernandez: It is. Ms. Slazyk: I also -- Commissioner Allen: And I -- Ms. Slazyk: -- just wanted to put -- add for the record the City's continuance initially was because there was a defect in the plans that had to be corrected. Commissioner Allen: Right. Frankly, I -- if you will, Commissioner -- Mr. Chairman, I'll move to have this item go forth right now. That -- I'd like to make a motion. Chairman Sanchez: All right. Before you do that, Mr. Attorney, I believe you wanted to state something for the record. Mr. Fernandez.: No. Just to clarify the point that Lourdes just made that while the City was the one that brought to the Commission's attention the fact that the application was not ready, that could be, in your mind, in your opinion, considered the City's request for continuance although there was something defective with the application. However, it is still in front of you today. It's properly noticed and advertised. The applicant knew that it was scheduled to be heard today, and it is the exercise of this Commission's discretion as to whether you accede to the applicant's request, or you decide to go ahead and hear it, notwithstanding her statements that she's not ready. Chairman Sanchez: We got it. Yeah, Commissioner Regalado. Commissioner Regalado: Did I hear when you say that you went to Zoning Board and said that you were going to defer this? Ms. Dougherty: No. The Hearing Boards called my office two days ago and asked me what I was going to do. I said I was going to continue it. There has been no objection to any continuance by anybody. In fact, somebody is here from Shubin & Bass, who's supporting this deferral because they also understood that we were going to be continuing this, and they represent the PAC (Performing Arts Center), and they don't want to go forward today, so it is totally unfair. Commissioner Regalado: So -- Ms. Dougherty: This is a violation of due process not to advise me -- and it's unprecedented in the City that the Administration would object to not having a continuance when there's no one objecting to the process. Commissioner Allen: Yeah. Commissioner Regalado: No, but just to make sure of something, so you did -- Ms. Dougherty: Yes, I was contacted by -- City of Miami Page 85 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Regalado: -- two days ago, you advised that you were -- Ms. Dougherty: I was asking for a continuance. Commissioner Regalado: -- planning, and at that time -- Ms. Dougherty: Nobody told me they had an objection. Commissioner Allen: Well -- Chairman Sanchez: All right. Well, we need a -- Commissioner Allen: Mr. -- but, Mr. -- Chairman Sanchez: Ma'am, do you want to state something on the record, briefly? And then we'll -- we got to decide. Amy Hubert: Amy Hubert, Shubin & Bass, 46 Southwest 1st Street. We represent the Performing Arts Center and Sherwood Weiser. We have been present at every hearing and every deferral, and based on representations that today would be continued, we are not prepared to go forward. Chairman Sanchez: So you don't object to the deferral? Ms. Hubert: We do not object to a deferral. Chairman Sanchez: All right. 1 need a motion to defer or to continue. Let's go. Commissioner Allen: I make a motion -- Vice Chairman Gonzalez: There was a motion to -- Commissioner Allen.: Yeah, / make a motion that we go forward with this, because it's been properly noticed; both parties have -- Chairman Sanchez: All right. There's a motion to proceed with the PZ (Planning and Zoning) item; is there a second? There is no second. Is there another motion? Vice Chairman Gonzalez: Motion to defer. Chairman Sanchez: There's a motion to defer. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: There's a motion -- Ms. Dougherty: For two months. Chairman Sanchez.- -- to defer on the item. Vice Chairman Gonzalez: For two months. Chairman Sanchez: For two months. OK, there's a motion and a second. Discussion. Hearing none, all in favor, say "aye." Anyone in opposition, having the same right, say "aye." Motion carries. City of Miami Page 86 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: Nay. Chairman Sanchez: The item has been deferred. Ms. Dougherty: Thank you so much. Ms. Slazyk: June? Chairman Sanchez: Yes. Mr. Fernandez: June. Chairman Sanchez: All right. Mr. Fernandez: So, for the record, it's clear -- Chairman Sanchez: Going six years -- Mr. Fernandez: -- that's for the PZ agenda in June. Chairman Sanchez: -- that's the first time we'll ever go through that. Mr. Fernandez: Correct? Chairman Sanchez: Excuse me? Mr. Fernandez: PZ agenda for the month of June. Chairman Sanchez: Yes. Mr. Fernandez: Right. Chairman Sanchez: And on the record, the deferral was at their request. Commissioner Allen: Yeah, at the applicant's request. Chairman Sanchez: Applicant's request. Commissioner Allen: So this'll be -- Chairman Sanchez: OK. Commissioner Allen: -- the third time. PZ.15 04-01268a ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 345 AND 363 NORTHEAST 20TH TERRACE; 2040, 2066 AND 2072 NORTH BAYSHORE DRIVE; AND 348 NORTHEAST 21 ST STREET, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A Second Reading City gfMiam, Page 87 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01268a Analysis.PDF 04-01268a Land Use Map.pdf 04-01268a Aerial Map.pdf 04-01268a School Board Comments.PDF 04-01268a PAB Resos.PDF 04-01268a Application & Supporting Docs.PDF 04-01268a Legislation.PDF 04-01268a SR Fact Sheet 04-28-05.pdf 04-01268a-Submittal . pd f REQUEST: To Amend Ordinance No. 10544, from "High Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 345 and 363 NE 20th Terrace; 2040, 2066 and 2072 N Bayshore Drive; and 348 NE 21st Street APPLICANT(S): Royal Palm Miami Holdings, LLC, Contract Purchaser/Owner APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 19, 2005 by a vote of 7-0. See companion File IDs 04-01268 and 04-01268b. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Paramount at Edgewater Square Major Use Special Permit Project. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12679 Vice Chairman Gonzalez: PZ 15. Chairman Sanchez: PZ 15. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZs (Planning and Zoning) 15, 16, and 17 are companion items. PZs 15 and 16 are land use and zoning change on second reading. The City Commission adopted these on first reading in March. These are in conjunction with PZ 17, which is a Major Use Special Permit for the Paramount at Edgewater Square project. The project will consist of-- wait. It's located -- oh, too many addresses -- on 317, 341, 345, 363 Northeast 20th Terrace and on the other side along 20th Street and North Bayshore Drive. The - - it's been recommended for approval with conditions by the Planning Advisory Board, and let me go -- I don't know ifyou want to hear the land use and zoning change first, or do you want to hear the conditions for the Major Use? City of Miami Page 88 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Winton: The conditions -- Ms. Slazyk: You want to hear the conditions? OK, this property is the property where the -- you may know the Something About Mary house is. Our biggest condition here has to do with their Bayshore Drive frontage. The applicant has included an ingress and egress point along Bayshore Drive, where they have three other street fronts that they could do ingress and egress in order to access a restaurant where they're going to convert the Something About Mary house into a restaurant. We believe that Bayshore Drive should really -- because it's across the street from Pace Park, and because we're really trying to create a very pedestrian friendly frontage along Bayshore Drive, that that ingress and egress should not be located there, so we're making a recommendation that that be eliminated, and that they use the other ingress and egress points for that. Also, we wanted to -- the applicant to continue to working with us on the material of the garage screening, and confirm that the vehicles and the mechanical systems will be completely screened from view. The loading bay area should also be screened from public view. The east elevation detail shall be clarified by providing a version of the drawing without the landscaping, and they're proposing an art mural for a necessary blank wall because they are at a zero setback from another property that's going to develop -- be developed in the future. We want to make sure that the final version of what they propose for that wall come back for design review and approval. Commissioner Winton: Because, you know -- Vice Chairman Gonzalez: OK. Commissioner Winton: -- the art mural that was part of the Fontainebleau was just incredible. Ms. Slazyk: Yeah. Commissioner Winton: And, you know, if somebody creates those kind of -- those really realistic looking murals, that could be a big deal. Ms. Slazyk: Yeah. We know that someday something else is going to be built there, and it's going to block it up, but as an interim, it's a very big, blank wall, and it really should be treated with some sort of artistic solution. 1 think they've agreed. We just want to make sure that the final version of what they're going to do come back for review and approval. Commissioner Winton: OK. Commissioner Allen: Right. Mr. Chairman, if I may, Commissioner Winton just made a very important point. Lourdes, you said that you guys agreed to an art mural on a building on the side of the wall, but has that been juxtaposed with an upcoming issue we're going to deal with? Commissioner Winton: No, this isn't -- Ms. Slazyk: No. Commissioner Winton: -- advertising. Ms. Slazyk: This is -- if someone does -- Commissioner Allen: Just strict -- Commissioner Winton: There's no advertising allowed, at all, on that wall. City of Miami Page 89 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Slazyk: No. Commissioner Allen: Yeah. That's what I wanted to make clear. Ms. Slazyk: If it's just art -- Commissioner Winton: This is only art. Ms. Slazyk: -- it's allowed. Commissioner Allen.: Right. That's what 1 wanted to make -- yeah. Ms. Slazyk: No advertising. We -- that's why it said "art mural." Commissioner Allen: So the language will specifically delineate that; that's one of the -- yeah. Ms. Slazyk: It's called an art mural. It's very different than a commercial. Commissioner Allen: Precisely, right, yeah. Chairman Sanchez: All right. Commissioner Regalado: Does that -- Chairman Sanchez: Madam Applicant. Commissioner Allen: So we understand. Commissioner Regalado: Just one question. Commissioner Allen: That's agreed. That's what I was getting at. I don't want that to morph. Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Is that the house -- I wasn't here, but is that the -- Commissioner Winton: Yes. Commissioner Regalado: -- Something About Mary -- Adrienne Pardo: Yes, it is. Commissioner Regalado: -- the movie? Oh, OK. What are you guys going to do there? Like a - Commissioner Winton: Restaurant. Commissioner Regalado: A restaurant? Ms. Pardo: They're going to renovate it and use it for a restaurant. Commissioner Regalado: That's cool. Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of the property owner, Royal Palm Miami Holdings, LLC. With me here City gfMiami Page 90 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 today are principals of the company, Steve Coren and Nick Wigoda; also with me today is Bernardo Fort -Brescia, the architect of this project, as well as Anne Cotter. We were before you a month ago on first reading, which this item was approved, and we're before you today for second reading on our items, as well as the Major Use Special Permit. You also may recall that there were several people here from a condominium, 2121 North Bayshore Drive, which we have worked with, and we've -- you know, we've worked with them with regards to the proposed project. We're requesting your approval. We agree with all conditions of staff. There's only one small, little item, and we discussed this item; we've discussed it at all the other boards, and that is the driveway on North Bayshore Drive, and if you could just allow me a moment -- we also addressed it with the Urban Development Review Board, as well as with the Planning Advisory Board, which both of those did not require it as a condition, but what we did agree to do -- our client feels that it is extremely important, with regards to that driveway off of North Bayshore Drive. The house, Something About Mary, that they are renovating, they're going to use as a restaurant, they feel that it's very important to be able to have the traffic be able to pull into the property in order to drop people off for valet and take people out. Originally, when we had filed the application, it was two-way; it was ingress -- Anne, could you just point to it, if you don't mind, the driveway over there? Originally, we had traffic going in and traffic coming out of that street, and staff was very opposed to it, and we had major discussions at both the Urban Development Review Board and the Planning Advisory Board, and at those meetings, we then agreed that we would only have traffic going in, so there would be no traffic coming out, but that way, when anybody was either looking for the building, the visitors or anybody who is coming to the restaurant, or the retail, it's going to have an address from North Bayshore Drive, and they would know where it is, and that way they could be able to pull into the property, and it wouldn't be blocking up any traffic on the street, which is what they wanted to do, get that traffic in, so all we would request is, with that condition that you allow us to keep that entrance because they do think it's extremely important, and Bernardo will walk you through that, as well, but we will limit it to ingress only. Commissioner Winton: Where's the egress going to be then? Ms. Pardo: The egress -- Anne, if you wouldn't mind pointing -- the egress is off of 20th Terrace. Commissioner Winton: And why doesn't that work for ingress? I guess Bernardo's going to do that. Bernardo Fort -Brescia: Yes. Where's -- Commissioner Winton: Well -- Mr. Fort -Brescia: Yeah. Commissioner Winton: -- understanding that I'm very skeptical already, so -- Mr. Fort -Brescia: Yes, I can see. I'm -- I'd like to explain. We have an address on North Bayshore Drive; it is the appropriate address, but we also, for the sake of retail survival, we have to get some people going to South Bayshore. I think it -- they shortcut the street, you never get exposure. We all know that there is something about the street -- vehicular streets versus just a hundred percent pedestrian streets. There's a second important item is that we have to provide access for the handicap to be dropped off at this elevation for an entrance here because that is where it fits into the elevation of the existing house. We have an existing condition here. It's not -- we're not moving the house up and down, and -- so people coming down this street or this street will be able to enter here. A disabled person or somebody arriving to the restaurant, they hear the address; it's on the waterfront; it's on Bayshore Drive; it's not on Northeast 20th, and they would look for that address, and they would identify it, arrive and be dropped off and then the valet brings the car back. Now, when the valet brings the car the other way, he can go City ofMtami Page 91 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 around the block, and that's why we are asking for egress -- ingress only. Also, entrances don't create a lot of queuing; it's departure that cars have to stop. This would be a fairly constant flow into the driveway, and we think that it's important for the building to have an entrance from the important address, that is, North Bayshore Drive, and for the restaurant's survival, to have a presence and arrival from there. Ms. Pardo: Also, Bernardo, could you go through -- some of the comments by staff was they wanted more retail area. We are providing on this particular project, the area along North Bayshore Drive, and if I could touch upon all the amenities that they are providing with this particular project. We're -- Commissioner Winton: I think right now we're -- Ms. Pardo: Pardon? Commissioner Winton: That's fine, but the real -- the focus here isn't going to be on those things. There isn't even any discussion about it. The discussion right now, the only issue remaining is the ingress and egress. Ms. Pardo: Right. Commissioner Winton: Because there aren't any other conditions. I mean, there isn't any -- so why are we going to talk about this other retail? Ms. Pardo: Well, no, I just wanted you to be aware of it; that there was additional retail besides the restaurant on -- off of -- Commissioner Winton: And how are they going to access the additional retail that's off -- Ms. Pardo: North Bayshore -- Commissioner Winton: -- Bayshore? Ms. Pardo: -- Drive. It's the same entrance, as well, and therefore, they wanted to make sure -- a key was also with the neighbors. We had discussed this, and they were very comfortable, too, is that with regards to any additional traffic, they wanted to make sure the traffic was getting off of the roads, and that it wasn't going to be on the roads, and that's why we also feel that this entrance is so important, because it brings the cars right into the property, and the valet can service the cars inside, and it makes it a lot more accessible for the restaurant, for the patrons, and -- Mr. Fort -Brescia: I think she's -- Ms. Pardo: -- for everybody else, rather than -- Mr. Fort -Brescia: Than here. Ms. Pardo: -- all the queues -- I mean, all the cars queuing up in the street, which you would have here. Mr. Fort -Brescia: I would like to point out one more thing. The bulk of the traffic here are the residents. The residents are a shortcut. The resident comes in here to the valet, or it goes into the garage. The resident doesn't have to; its just for the visitor component of the building, and 1 think we all know that there's a practical, sort of functional entrance to every home, including our homes, if we go to our -- we go straight to the garage, but when a visitor arrives, you want City of Miami Page 92 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 some dignified arrival to a building, and the approach from the front, and not off to one side, you know, it makes it a garage entrance. You should enter graciously facing the front door, like a front door of a house, a front door of a building. Added to the point that she clearly stated, that this allows the drop-off to the restaurant to be off the street; cars perpendicular, instead of parallel to the water, not blocking the view of the water to those who are in the terraces looking out to the waterfront. Instead of the cars creating a wall on that side, they are off to the side. Ms. Pardo: And if 1 could just add, this area is going to be heavily landscaped along the driveway, so there is going to be a lot of greenery, and then we're also proposing to have tables outside of the restaurant and be creating a plaza area in front, so it'll create pedestrian activity, and that was one of the main goals, as well, is that they wanted to have this pedestrian area, where you'd have the restaurant; it'd create pedestrian activity. You'd have the people there -- Commissioner Winton: And have the cars buzzing in there and clipping them off as they're walking through there. I mean, is that how that works? Ms. Pardo: Pardon? Commissioner Winton: I said --1 heard -- so, as the pedestrians are strolling along the sidewalk there and milling around out doing (UNINTELLIGIBLE), so they are going to get whacked by the cars that come around the corner because they're not paying attention, either not paying attention when they're turning in there, so 1-- Ms. Pardo: No. There'll be special pavers, and -- Mr. Fort -Brescia: Well, we -- if you look at the plan, we have -- this is really a one -block length, so it is very difficult to speed up, and in addition to that, our client has proposed to expand the paving material all the way to the waterfront; part of the improvements that they're making is that they're curbing the road to create a wider boardwalk along the waterfront. Currently, it's a very narrow sidewalk; one person at a time, single file, and they're bringing the same material all the way across, and creating that texture of a paver street, instead of an asphalt street, so that I think cars in this lane would be unlikely to speed up in that -- in the short distance that -- in which they are -- but we got to remember that there are very successful retail places with cars, like downtown Coconut Grove and Main Street, and people turn into Commodore Plaza. I mean, it's sort of part of the life of a viable retail environment. I mean, you know, Ocean Drive. I mean, name it, you know. All over the place there are very successful streets; many include -- including many pedestrian streets that have been opened up back to traffic because they didn't work as a hundred percent pedestrian places. Commissioner Winton: So can we hear staff? Chairman Sanchez: All right. Ms. Slazyk: Yeah. We believe that if anyone is coming to this site or to the restaurant and they're coming from Biscayne Boulevard, in order to get to Bayshore, they're going to pass other ingress and egress points, because there's no way to get to Bayshore Drive unless they're coming down these streets. There's no reason to put an opening there if what we want to do is create a Bayshore Drive that people are going to walk across -- walk along, especially with the park there and water directly on the other side of the street. It -- we don't believe it should be there. They have three other street frontages that could accommodate the ingress and egress. On other projects up and down Bayshore Drive, unless the applicant has no other choice, because they were landlocked and Bayshore is the only point of ingress and egress, we haven't been saying yes. We haven't been allowing it, so -- Commissioner Winton: But no one else has a -- City olMiami Page 93 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Slazyk: -- here there's three other streets. Commissioner Winton: No one else has a restaurant, though, do they? Chairman Sanchez: No. Ms. Slazyk: Yeah, I believe they do. I think 1800 Club and Quantum had restaurants on their ground floor, but 1800 Club, I think, had an ingress/egress because they --1 don't know if they had another street, but -- and Quantum's was located on the corner off the Bayshore Drive side, so -- Commissioner Winton: Well, 1'11 have to admit that, in listening to both arguments and thinking about it myself just kind of logically, 1 can't find a single sword on either side I want to fall on. Ms. Pardo: Could 1 add one other thing -- Mr. Fort -Brescia: I'd like to -- Ms. Pardo: -- Commissioner, something very important? Commissioner Winton: And I've had enough debate, I can tell you. Ms. Pardo: Could I add one other thing, which we didn't get into, and 1 was going to go there with regards to the amenities, where 1 was going with the amenities? Is that, along the waterfront area, this property here is public property. Across the street is -- you have the Biscayne Bay, and currently, there's a sidewalk, and it's a very narrow sidewalk, and what my client is proposing to do is to improve this entire area so that you'll have a really nice pedestrian walkway, and it'll continue from the south. They're also -- they're widening this pedestrian walkway, and they're putting in benches and some lighting here, as well, and we had committed to this with regards to the prior approval, if it's within our approvals, so they're widening this so you can have this entire pedestrian activity along the waterfront, and when they're doing that, it's pushing the road to the west, and they're actually giving -- dedicating -- they'll be dedicating some of their property because they want to keep the street wide enough, so we are providing for a pedestrian activity, and they're spending a great deal of money, approximately $1, 500, 000, in order to -- they're also repairing the seawall. I mean, these are things that the City -- Chairman Sanchez: Have you proffered that already and -- Ms. Pardo: Yes, absolutely, and it's -- ours is subject to -- Ms. Slazyk: Well, yeah. Commissioner Winton: Well -- Ms. Slazyk: What I would say, it's not in here as a condition. If the Commission wants to accept it as a proffer, I'd put it in the development orders to make sure -- Commissioner Winton: What's that? Now say that -- Chairman Sanchez: Well, I think she just -- Ms. Slazyk: What she's proffering now -- Chairman Sanchez: -- proffered it as a condition. City of Miami Page 94 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Winton: Oh, OK. Ms. Slazyk: -- it's not in the conditions, so if you -- Commissioner Winton: Well, then we'll be accepting that. Chairman Sanchez: Yeah. Ms. Pardo: Absolutely. I'm trying to think of what hearing -- it was subject to a particular site plan -- Commissioner Winton: Because here's -- Ms. Pardo: -- at one of our hearings. Absolutely. Commissioner Winton: -- how I'm thinking about it, because this isn't -- I'll tell you, this isn't one of these great public policy issues. They are doing an awful lot in the public right-of-way, and so, the quid pro quo could, in my mind, easily be particularly given since they're creating the real pedestrian pathway across the street -- Ms. Slazyk: Along the water. Commissioner Winton: -- along the water, which we like better. Seems to me that the quid pro quo is we give them their cut right there, and let them park there at the restaurant. I would do that, so, Lourdes, ifyou -- Ms. Slazyk: Yeah, so -- Commissioner Winton: -- would -- if you would -- Ms. Slazyk: What you would do is be eliminating condition 11 -- Ms. Pardo: 11(2). Ms. Slazyk: -- 11 -- Ms. Pardo: 11(2). Ms. Slazyk: -- 11(2), and then adding a condition that accepts their proffer regarding Bayshore Drive improvements along the bay. Commissioner Winton: Ab -- Chairman Sanchez: All right. Commissioner Winton: So moved. Chairman Sanchez: All right. There's a motion -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- and a second, with the conditions set forth on the record and proffered. 1t is an ordinance on second reading. It is open to the public. Anyone from the public wishing to address this item, please step forward and be heard. Hearing none, seeing none, the public City of Miami Page 95 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 hearing is closed, coming back to the Commission for discussion. Hearing none, Mr. City Attorney, read the ordinance on second reading into the record, and Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Excuse me, Chair, I'm sorry. 1 only recorded the mover as Commissioner Winton. Chairman Sanchez: The maker of the motion was Commissioner Winton, second by Vice Chairman Gonzalez -- Ms. Thompson: Thank you. Chairman Sanchez: -- for the record. Ms. Slazyk: And the conditions, just again for the record, are actually going to go with PZ.17. Chairman Sanchez: Well, why don't you let the applicant put the conditions on the record? Commissioner Winton: No. For what P -- for PZ which? Chairman Sanchez: Madam Applicant -- Ms. Slazyk: 17. Chairman Sanchez: -- could you put the conditions on the record? Commissioner Winton: It's for PZ.17, right? Chairman Sanchez: Yeah. Commissioner Winton: Not this one? Ms. Slazyk: Yeah, 15 and 16 is -- Chairman Sanchez: Oh, I'm sorry. Ms. Slazyk: -- land use and ozning. Chairman Sanchez: I'm sorry. OK. All right. Mr. Attorney, could you read the ordinance? Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Mr. Fernandez: That was 15. Chairman Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted in its modified fashion on second reading, reading, 5/0. PZ.16 04-01268b ORDINANCE Second Reading City of Miami Page 96 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT AND "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20/SD-20.1" EDGEWATER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20/SD-20.1" EDGEWATER OVERLAY DISTRICT AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT WITH AN F.A.R. OF 2.4, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 340 AND 348 NORTHEAST 21ST STREET; 317, 341, 345 AND 363 NORTHEAST 20TH TERRACE; AND 2040, 2066, AND 2072 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01268b Exhibit A.PDF 04-01268b Zoning Map.pdf 04-01268b Aerial Map.pdf 04-01268b Analysis.PDF 04-01268b ZB Resos.PDF 04-01268b Application & Supporting Docs.PDF 04-01268b Legislation.PDF 04-01268b SR Fact Sheet 04-28-05.pdf REQUEST: To Amend Ordinance No. 11000, from R-4 Multifamily High -Density Residential with an SD-20 Edgewater Overlay District and C-1 Restricted Commercial with an SD-20/SD-20.1 Edgewater Overlay District to C-1 Restricted Commercial with an SD-20/SD-20.1 Edgewater Overlay District and SD-19 Designated F.A.R. Overlay District with an F.A.R. of 2.4 to Change the Zoning Atlas LOCATION: Approximately 340 and 348 NE 21 st Street; 317, 341, 345 and 363 NE 20th Terrace; and 2040, 2066 and 2072 N Bayshore Drive APPLICANT(S): Royal Palm Miami Holdings, LLC, Contract Purchaser/Owner APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on January 10, 2005 by a vote of 8-0. See companion File IDs 04-01268 and 04-01268a. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-20/SD-20.1 Edgewater Overlay District and SD-19 Designated F.A.R. Overlay District with an F.A.R. of 2.4 for the proposed Paramount at Edgewater Square Major Use Special Permit. City id -Miami Page 97 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez 12680 Chairman Sanchez: PZ.16 is a companion item; it's an ordinance on second reading. It's a companion. Is there a motion? Here's what you have to proffer -- Commissioner Allen: 1'll move -- Chairman Sanchez: -- the conditions. Lourdes Slazyk (Assistant Director, Planning & Zoning): The -- Adrienne Pardo: Actually, on 17, I think -- Ms. Slazyk: 17. Ms. Pardo: -- you want them. Ms. Slazyk: Yeah. This is -- Chairman Sanchez: All right. Ms. Slazyk: -- the zoning change. Chairman Sanchez: All right. Commissioner Allen: Zoning change. Commissioner Winton: Move -- Commissioner Allen: I move the item. Chairman Sanchez: Need a motion -- Commissioner Winton: -- PZ.17. Chairman Sanchez: -- and a second for the purpose -- Commissioner Winton: I mean, 16. Chairman Sanchez: -- of discussion, and open it to the public. There's a motion by Commissioner Winton, second by Commissioner Allen. It is open for discussion. Hearing no discussion in the Commission, we open the public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Hearing no further discussion from the Commission, Mr. City Attorney, could you read the ordinance into the record? The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. City of Miami Page 98 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.17 04-01268 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT APPLICATION, PER ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE PARAMOUNT AT EDGEWATER SQUARE PROJECT, LOCATED AT APPROXIMATELY 317, 341, 345, AND 363 NORTHEAST 20TH TERRACE; 340 AND 348 NORTHEAST 21ST STREET; AND 2040, 2066 AND 2072 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, TO CONSTRUCT A 496-FOOT, 46-STORY MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 355 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 29,766 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 452 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City afMiami Page 99 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 04-01268 Legislation.PDF 04-01268 Exhibit A.PDF 04-01268 Exhibit B.PDF 04-01268 Exhibit C.PDF 04-01268 Fact Sheet.pdf 04-01268 Analysis.PDF 04-01268 Zoning Map.pdf 04-01268 Aerial Map.pdf 04-01268 Pre -Application Comments.PDF 04-01268 School Board Comments.PDF 04-01268 PAB Reso.PDF 04-01268 Cover Page.PDF 04-01268 Table of Contents.PDF 04-01268 Article I - Project Information.PDF 04-01268 Letter of Intent.PDF 04-01268 Major Use Special Permit Application.PDF 04-01268 Zoning Write-Up.PDF 04-01268 Aerials.PDF 04-01268 Zoning Atlas.PDF 04-01268 Project Data Sheet.PDF 04-01268 Corporate Document.PDF 04-01268 Computer Tax Printout - Deed.PDF 04-01268 Ownership List.PDF 04-01268 Directory of Principals.PDF 04-01268 Owner's Authorization.PDF 04-01268 Article II - Project Description.PDF 04-01268 Article III - Supporting Documents.PDF 04-01268 Minority Construction Employment Plan.PDF 04-01268 Traffic Impact Analysis - Part I.PDF 04-01268 Traffic Impact Analysis - Part II.PDF 04-01268 Site Utility Study.PDF 04-01268 Economic Impact Study.PDF 04-01268 Survey of Property.PDF 04-01268 Drawings Submitted.PDF REQUEST: Major Use Special Permit for the Paramount at Edgewater Square Project LOCATION: Approximately 317, 341, 345 and 363 NE 20th Terrace; 340 and 348 NE 21 st Street; and 2040, 2066 and 2072 North Bayshore Drive APPLICANT(S): Royal Palm Miami Holdings, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on January 19, 2005 by a vote of 7-0. See companion File IDs 04-1268a and 04-01268b. *See supporting documentation. City of Miami Page /00 Printed on 5 26/2005 City Commission Verbatim Minutes April 28, 2005 PURPOSE: This will allow the development of the Paramount at Edgewater Square Project. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0272 Chairman Sanchez: PZ. 17 is a resolution, and here is where you need to proffer. Adrienne Pardo: Yes. With regards to the plans on file, L1.01, it identifies all the improvements that they're going to make with regards to the bay walk, and the light fixture, and the benches, so if you want to reference this page. Chairman Sanchez: As stated on the record. Staff. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes, I got it, and we would also, based on the discussion with the Commission, eliminate condition 11(2), and reference this one in the development order. Commissioner Winton: And that document works for you, Lourdes? Ms. Slazyk: Yes. It shows a widened sidewalk with the concrete unit pavers; the trees, benches, and new light fixtures, and a reconstructed seawall, for the record. Commissioner Winton: Is there -- I see here the road looks like it has a different material; is that accurate, or is that just -- what's -- Ms. Pardo: Pavers, yes. They're going to put in a different type of paver in that area. Commissioner Winton: OK, and is that -- Jorge L. Fernandez (City Attorney): We'll reference in the new resolution, and also, well -- if necessary, we'll put some verbiage to reflect the attachment. Commissioner Winton: OK, so then, move PZ. 17, with -- Ms. Slazyk: As amended. Chairman Sanchez: There is a motion -- Commissioner Winton: As amended. Chairman Sanchez: -- by Commissioner Winton to approve PZ. 17, as amended; is there a second? Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. Before we open it up for discussion, we'll open it up to the public. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. It is a resolution. Any further discussion on the resolution? Hearing none, all in favor, say "aye." City of Miami Page 101 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we move on to PZ.18. Ms. Pardo: Thank you very much. PZ.18 05-00142 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE BISCAYNE PARK PROJECT, TO BE LOCATED AT APPROXIMATELY 2450 BISCAYNE BOULEVARD; 243, 251, 261 AND 265 NORTHEAST 24TH STREET; 218, 226, 234, 242, 250 AND 258 NE 25TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 277-FOOT, 26-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 214 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 6,843 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 12,502 SQUARE FEET OF OFFICE SPACE; AND APPROXIMATELY 331 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 102 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 05-00142 Legislation.PDF 05-00142 Exhibit A.PDF 05-00142 Exhibit B.PDF 05-00142 Exhibit C.PDF 05-00142 Fact Sheet.pdf 05-00142 Analysis.PDF 05-00142 Zoning Map.pdf 05-00142 Aerial Map.pdf 05-00142 Pre -Application Comments.PDF 05-00142 School Board Comments.PDF 05-00142 URS Letter.PDF 05-00142 PAB Reso.PDF 05-00142 Cover Page.PDF 05-00142 Table of Contents.pdf 05-00142 Article I - Project Information.pdf 05-00142 Application for Major Use Special Permit.PDF 05-00142 Disclosure of Ownership.PDF 05-00142 Ownership Affidavit.PDF 05-00142 Directory of Project Principals.PDF 05-00142 Project Data Sheet.PDF 05-00142 City of Miami Zoning Atlas Map.PDF 05-00142 Article II - Project Description.PDF 05-00142 Article III - Supporting Documents.PDF 05-00142 Minority Construction Employment Plan.PDF 05-00142 Traffic Impact Analysis - Part I.PDF 05-00142 Traffic Impact Analysis - Part II.PDF 05-00142 Site Utility Study.PDF 05-00142 Economic Impact Study.PDF 05-00142 Survey of Property.PDF 05-00142 Drawings Submitted.PDF REQUEST: Major Use Special Permit for the Biscayne Park Project LOCATION: Approximately 2450 Biscayne Boulevard; 243, 251, 261, and 265 NE 24th Street; and 218, 226, 234, 242, 250 and 258 NE 25th Street APPLICANT(S): 25 Plaza Corp. APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on February 2, 2005 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow the development of the Biscayne Park Project. Motion by Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado City of Miami Page 103 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 R-05-0273 Chairman Sanchez: All right. Where do we go? Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.18 is a Major Use Special Permit for the Biscayne Park project. The project is going to be a 26-story high mixed -use structure. It will have 214 residential units, 6,843 square feet of retail space, 12,502 square feet of office space. It's been recommended for approval with conditions by the Planning Advisory Board, and the Planning Department recommends approval with conditions, the standard conditions. Also, the additional conditions have to do with some of the design issues. Firstly, the applicant shall submit elevation details indicating the materials and color selections, and indicating that the parked cars and mechanical systems within the garage would -- to be hidden from view. We need the final details on how that's going to be worked out. The applicant shall use a different sort of shade tree in lieu of the silver buttonwood trees proposed for 24th and 25th Street, and also, the applicant shall use shade trees, rather than palms along 25th Street, in order to provide a continuous canopy of shade for pedestrians. We recommend that palms be used periodically as an accent, rather than along the perimeter of the building because we want to encourage shade trees. Other than that, we recommend approval with these conditions. Vice Chairman Gonzalez: Yes, ma'am. Vicky Garcia -Toledo: Good afternoon. For the record, Vicky Garcia -Toledo, with offices at the Wachovia Center, and I'm here before you today on behalf of the Ferreira de Melo family, who have been developing in Edgewater, and this is their third project in Edgewater. The property is zoned C-I, with an SD-20 and an SD-20.1 overlay. It is roughly on one and a half acres of land, and it is a true mixed -use project. It has retail component on the ground floor fronting Biscayne Boulevard and turning on 25th Street. It has offices fronting 24th Street, and the pedestal, the parking pedestal, is fully covered. On top of the ped -- six -story pedestal, there is a 20-story residential tower. Now this project comes to you with a developer who wanted to put a colonnade along Biscayne Boulevard, and at the time that we were going through this process, that would have required a variance. We did not feel that there was justification to support legally a variance, and so what this project has done is that the plans you have before you have two options; one option is without the colonnade; the other option is with the colonnade, and what we are offering is that if the City of Miami goes through with the amendment of SD-20.1, and in fact, you have read it on first reading today, and that is in effect prior to our pulling our building permit, the developer will build the project with the colonnade because then it will be permissible to do so, so we urge you to go ahead and approve this project, and we also urge you to please approve the amendment to the ordinance in second reading next month, so that we can, in fact, build this project with the colonnade. Vice Chairman Gonzalez: All right. Does that conclude your presentation? Ms. Garcia -Toledo: Yes, sir. Any questions you may have -- Vice Chairman Gonzalez: All right. This is a public hearing. Anybody from the public that wishes to address the Commission, please step forward. Seeing none, hearing none, public hearing is closed. Chairman Sanchez: So moved, with the conditions. Commissioner Allen: Right. Vice Chairman Gonzalez: OK, we have a motion. Commissioner Winton: Second, and -- City of Miami Page 104 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Vice Chairman Gonzalez: And we have a second. Commissioner Winton: Second. Vice Chairman Gonzalez.: Discussion. Commissioner Winton: Well -- Vice Chairman Gonzalez: Commissioner Winton. Commissioner Winton: -- I have to tell you that the -- / like everything you've done with the ground floor, and the parking garage, and all those kinds of things. I just thought that, in terms of where we're headed, that these buildings that have lots of what I am going to say are relatively small windows, and thereby, creating a lot of plastered wall, that we've had a lot of in this City, which is what that looked like to me, 1 didn't like, at all, and from a MUSP (Major Use Special Permit) standpoint, we could do something about it, but staff saved you because they said, "We like it," so I decided it must be my taste and not necessarily anybody else's, so I'm going to buy it, but I am very nervous about buildings that have small windows in them. This has small windows in them, and I don't think that's the direction that we seem to be headed long-term, and staff and 1 are going to have some additional debate about that at another time, but it will be another time. Ms. Garcia -Toledo: Thank you. Vice Chairman Gonzalez: All right. Chairman Sanchez: Roll call. Vice Chairman Gonzalez: Any further discussion? Seeing none, Mr. City Attorney -- Chairman Sanchez: No, it's a resolution. Jorge L. Fernandez (City Attorney): It's a resolution. Priscilla A. Thompson (City Clerk): Resolution. Vice Chairman Gonzalez: Oh, it's a resolution? OK. Roll call. Chairman Sanchez: No, no, no. All in favor, say "aye." Vice Chairman Gonzalez: Huh? Chairman Sanchez: All in favor, say "aye." It's a resolution. Vice Chairman Gonzalez.: Oh, it's a resolution. I'm sorry. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. Ms. Garcia -Toledo: May 1 just, for a point of information, share something with all of you, and in particular, with Commissioner Winton? Due to the concern about the east side of Edgewater and Biscayne Boulevard, just to advise you that one of my clients, Davis Heritage, who is developing a project named Light on 27th Street, is dedicating to the City of Miami two lots, two residential lots that line up with North Bayshore Drive, so that there can be some additional City gfMiami Page 105 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 connection inside the neighborhood. Commissioner Winton: Oh, good. Ms. Garcia -Toledo: And by donating those two lots, the street connector of Bayshore Drive, I believe, 26, 27, and 28th, will then have internal connectivity. Commissioner Winton: Well, that's great. Ms. Garcia -Toledo: So 1 just thought you'd be happy to know that. Commissioner Winton: That -- you know, those are the kinds of things that begin to solve the long-term problem here, and I think are going to be of value to everybody involved, so that's great. Thanks. Ms. Garcia -Toledo: Thank you. PZ.19 04-01388 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF NORTHEAST 1ST COURT AND THE ALLEY LOCATED BETWEEN NORTHEAST 15TH STREET AND NORTHEAST 16TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 04-01388 Legislation.PDF 04-01388 Exhibit A.PDF 04-01388 Public Works Analysis.PDF 04-01388 Public Works Letter.PDF 04-01388 P&Z Analysis.PDF 04-01388 Zoning Map.pdf 04-01388 Aerial Map.pdf 04-01388 ZB Reso.PDF 04-01388 Application & Supp Docs.PDF 04-01388 Fact Sheet 05-26-05.pdf REQUEST: Official Vacation and Closure of a Street and Alley LOCATION: Approximately NE 1st Court and Alley Located Between NE 15th Street and NE 16th Street APPLICANT(S): Miami -Dade County Public Schools APPLICANT(S) AGENT: Dr. Rudolph F. Crew, Superintendent FINDINGS: PLANNING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended denial on April 3, 2003 by a vote of 3-3. ZONING BOARD: Recommended denial to City Commission on November 22, 2004 by a vote of 5-3. City of Miarni Page 106 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 PURPOSE: This will allow a unified commercial development site. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, with Vice Chairman Gonzalez absent, to continue Item PZ.19 to the meeting currently scheduled for May 26, 2005. Lourdes Slazyk (Assistant Director, Planning & Zoning): While 18 is setting up. Mr. Chairman, can -- on PZ. 19, we're going to be requesting a continuance; maybe we could do that real quick. This is the street closure for the School Board. We -- Chairman Sanchez: And you're asking for a continuance? Ms. Slazyk: We're ask -- and the School Board because we actually met. We have a proffer that they're going to be making regarding public parking. They're going to take that information back to their board, and then come back to you in May to make the proffer on their closure, so we'd like to ask for a continuance to May 26. Commissioner Winton: So move. Chairman Sanchez: All right. There's a motion for the continuance on -- Ms. Slazyk: PZ.19. Chairman Sanchez: -- PZ (Planning and Zoning) -- Commissioner Allen: PZ.I9. 19. Chairman Sanchez: -- 19. Is there a second? Commissioner Allen: Second, Mr. Chairman. Chairman Sanchez: Second by Commissioner Allen. The motion was made, for the record, by Commissioner Winton. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. That item has been deferred. PZ.20 04-00984b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, ZONING AND PLANNING, OF THE CITY OF MIAMI CODE BY ADDING A NEW ARTICLE XI ENTITLED, "ARTS AND ENTERTAINMENT MURAL REGULATIONS"; CREATING DEFINITIONS; PROVIDING FOR LICENSE AND PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00984b Legislation.PDF 04-00984b SR Fact Sheet 04-28-05.pdf REQUEST: To Amend the Miami City Code City 0/Miami Page 107 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will add a new Article XI to the Miami City Code entitled, "Arts and Entertainment Mural Regulations." NOTE: Language in 04-00984b incorporates language passed on First Reading on September 23, 2004 and October 28, 2004 from 04-00984 and language proposed on October 28, 2004 from 04-00984a. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen A motion was made by Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, directing the City Manager to come back in 30 days with a report of mural regulations proposed to be presented to Miami -Dade County. Lourdes Slazyk (Assistant Director, Planning & Zoning): We're up to -- Vice Chairman Gonzalez: OK. Ms. Slazyk: -- PZ.20. Vice Chairman Gonzalez.: PZ.20. Ms. Slazyk: PZ.20 is the mural ordinance. What the Planning Department is requesting is that the City Commission deny this on second reading, in that we are in the process of redrafting the ordinance. It is in the Law Department now, and we're working with the County in order to make sure that we create an ordinance that they can adopt as a mirror ordinance, so in order to kill this one -- we're not allowed to withdraw it because you already acted on first reading -- we would ask that you deny this, and we will be coming back with a whole new ordinance as it is completed and goes through the County. Commissioner Winton: So move. Commissioner Allen: So move. Chairman Sanchez: Discussion. Vice Chairman Gonzalez: OK. We have a motion and we have a second. Chairman Sanchez: Discussion. Vice Chairman Gonzalez: Discussion. Chairman Sanchez: Lourdes, this has been -- how long have we been dealing with this now? Ms. Slazyk: This actually was passed on first reading in September of 2004. We have -- Chairman Sanchez: And if -- City of Miami Page 108 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Slazyk: The County had -- remember, the County had presented some objections. We went and met with them, and we're in the process of redrafting it to -- for it to apply a little bit differently than in its original form, just to downtown, and we're setting up some criteria that the County would be willing to adopt as a mirror ordinance, so -- Chairman Sanchez: It's my understanding that the County says that whatever the City wants, and the City's basically saying, well, no, it's what you guys -- Ms. Slazyk: I don't know anything -- Chairman Sanchez: So we need -- Ms. Slazyk: -- about that. Chairman Sanchez: Well, we need to clarify that, because I think that the process that's been here now back and forth, maybe you could help us on this. Alicia Cuervo Schreiber (Chief of Operations): Commissioner, Alicia Cuervo Schreiber. The County has jurisdiction over the uniform traffic control devices and signage for the City of Miami. We don't have homeroom charter, as it deals with this signage package. We have been working with the County to make it a very designated area, and to make it something that's consistent with County ordinances, and we've been working with them on this, and we're coming back with you with a new document. Chairman Sanchez: Have you been able to make progress on this? Ms. Cuervo Schreiber: Yeah. We have been -- Chairman Sanchez: I mean, have you -- Ms. Cuervo Schreiber: -- working closely with the County on this, so we should have a very good package to present to you very shortly. Chairman Sanchez: The ordinance on first reading, which I thought was a fair ordinance as to - -the concern here is that you want to make sure that the individuals who have it -- there was one lady who came up, and she complained that she may not have a shot at it -- Vice Chairman Gonzalez: Right. Chairman Sanchez: -- and this is an industry that, first of all, has to be fair for everyone, so everyone can have an opportunity to bite -- or a bite at the apple, but what we can't continue to do is to give people hope and then sweep it from underneath their feet, and this has been going back and forth with the County, and apparently, it's my understanding that there is no progress being made, and the industry is in limbo. In the industry, apparently, the good guys are getting penalized because the bad guys are out there putting billboards all over the darn place, so that's not really fair, and you know, I'm a stickler for fairness. Ms. Cuervo Schreiber: And the City has aggressively been code enforcing murals that are against our Code, the signage ordinance; has been working with the County aggressively, and we have had several conversations with the County. We are in final draft stages, and we should be able to bring something to you. Chairman Sanchez: How long would it take before you bring an ordinance that you may deem that may pass this legislative body? City of Miami Page /09 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Cuervo Schreiber: I would think, Commissioner, second reading in May. Commissioner Winton: Oh, this is second of -- Ms. Cuervo Schreiber: I'm sorry. It has to PAB (Planning Advisory Board), so it would be -- Commissioner Winton: So its a month away. Commissioner Allen: Right. Ms. Cuervo Schreiber: It has to go to the County. I apologize, so it would be in -- Commissioner Allen: Wait, that's right. Chairman Sanchez: See, but see -- Ms. Cuervo Schreiber: It would be in June. Chairman Sanchez: -- that's -- you're looking months away now. You're looking, what -- you can't say May. You would be -- Ms. Cuervo Schreiber: I apologize. It would probably be end of June, and Commissioner, that is because the County does have jurisdiction over -- Commissioner Allen: Right. Ms. Cuervo Schreiber: -- signage. Commissioner Allen: That's right, right, but if 1 may, Mr. Chairman, just weigh in on this quickly for discussion purposes. What I'm hearing from you is that pretty much the County has jurisdiction over this, and we have to adhere to whatever their standards are, right, or will they permit us to -- Ms. Cuervo Schreiber: We're working with them to make an exception to their standards -- Commissioner Allen: OK. That exception would include -- Ms. Cuervo Schreiber: -- to allow certain exceptions within the City of Miami. Commissioner Allen: OK, but there's no guarantee that they will agree to those exceptions; is that where we are? Ms. Cuervo Schreiber: We feel, from the conversations we've had with them, that there is an agreement that we're coming close to reaching. Commissioner Allen: And then we need to establish a criteria with respect to those exceptions, correct? Ms. Cuervo Schreiber: And that's where we're at right now, in the final stages of that. Chairman Sanchez: And -- Commissioner Allen: Right, because 1 could recall Commissioner Winton, earlier this morning, talked about, what, vodkas, I mean, liquors. I mean -- City of Miami Page 110 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Winton: All of the damned illegal billboards that are up now. Forget -- Commissioner Allen: Right. Commissioner Winton: -- mural; these are damned billboards. Commissioner Allen: Well, yeah, billboard; that's an issue, right. Commissioner Winton: Just hanging on a building. Chairman Sanchez: Well, in the re -- Commissioner Allen: So -- Chairman Sanchez: Listen, in all fairness -- Commissioner Allen: Yeah, I -- Chairman Sanchez: -- the rules are so messed up that everybody's confused. Commissioner Winton: No, they're not either. Commissioner Allen: Yeah. Commissioner Winton: That's baloney. They're not confused. Chairman Sanchez: Well, you know -- Commissioner Winton: These -- Chairman Sanchez: Here's what I'm going to ask as Chair -- Commissioner Winton: -- guys are -- Commissioner Allen: Well, it seems to me -- Commissioner Winton: -- taking total maximum advantage of us. Chairman Sanchez: This is what I'm going to ask -- Commissioner Winton: And you were right, Chairman Sanchez. The good guys are sitting back and doing nothing; the bad guys, they're not a bit confused. They know exactly what they're doing, and they're -- Vice Chairman Gonzalez: They're taking advantage -- Commissioner Winton: -- sticking it to us. Vice Chairman Gonzalez: -- of the confusion. Chairman Sanchez: Yeah, but you know what -- Commissioner Allen: Right. Chairman Sanchez: -- Johnny, it's not fair to throw the good apples out with the bad apples, and City of Miami Page 11l Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 that's all the fairness here. Whether we like murals or we don't like them, whether we like the process or we don't like the process, it's all about fairness. It's all about not telling the hardworking guy who has gone out there and abide by every law that's been sticked [sic] to him, and having other people that don't -- aren't even local come in here and do whatever they want. You know what, because at the end of the day, they're going to bail out, go back to where they came from -- Commissioner Winton: Yeah. Chairman Sanchez: -- and that's usually -- that's been the past of this City. What 1 would like to see, in all fairness, maybe come back in 30 days, and at least have what you're going to present to the County, so we don't end up in a situation where we're going to spend a whole year keeping the industry in limbo, because at the end of the day, what's going to happen is that the bad guys are still going to be out there putting all the murals out because all they're going to get is fined, then they're going to go to the special master, so, you know, we can't do thing -- Ms. Cuervo Schreiber: As a discussion item? Chairman Sanchez: Well, absolutely. Bring it out and give us the guidance -- Commissioner Winton: That's a good idea. Chairman Sanchez: -- as what you're prepared to give to the County so we expedite it. Look, at the end of the day, if we don't want murals in the City, so be it, but don't be giving people false hope, and giving them the wrong perception. Ms. Cuervo Schreiber: OK. Vice Chairman Gonzalez.: All right. Commissioner Regalado: Mr. Chairman. Vice Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: You said that the County had authority over the signage. Traffic signage, we know, but this is commercial signage. Ms. Cuervo Schreiber: They have jurisdiction as it relates to signage that abuts their roadways and roadways in general, uniform traffic control devices. The driver driving at large can see one of these signs and react to them, and that is their jurisdiction. Commissioner Allen: Right. Commissioner Regalado: OK, so can they cite people inside the City of Miami? Ms. Cuervo Schreiber: I believe that is our jurisdiction, but, Jorge, you'd have to define that for me. Commissioner Regalado: Huh? Ms. Cuervo Schreiber: Code Enforcement will do that. Jorge L. Fernandez (City Attorney): Our Code Enforcement is enforcing the Code, and to the extent that we do not permit those, they're being cited. City of Miami Page 112 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Regalado: No, no, no. I'm asking -- Mr. Fernandez: Well, the -- Commissioner Regalado: -- should the County want, they can send out their Team Metro inspectors, throughout the City, and cite violators. Mr. Fernandez.: Presumably, yes, if they have that type of jurisdiction. I don't know that they practically would do it, as a matter of practicality. They would have so many other places to enforce it. The question is, do they enforce it anywhere, period. Commissioner Regalado: But the question is, can they enforce it if they want to? Mr. Fernandez: Presumably, the answer is yes. Ms. Cuervo Schreiber: They have always referred their cases to us, and even the Building Department's advised me of the same. Mr. Fernandez: Yes. Ms. Cuervo Schreiber: They could, but they have always referred them to us, and even in their documentation to us about the murals, have referred them to us. Chairman Sanchez: My motion's going to be simple. Commissioner Regalado: Well -- Chairman Sanchez: Within 30 days -- Vice Chairman Gonzalez: All right. Chairman Sanchez: -- for you to come and have -- present to this legislative body what you're going to give the County. Ms. Cuervo Schreiber: OK. Chairman Sanchez: So move. Commissioner Regalado: How many -- I'll second it. How many citations does the Miami Herald building has? Mariano Loret de Mola: Loret de Mola, Code Enforcement Director. There is three of them. Commissioner Regalado: Three? Mr. Loret de Mola: Um-hmm. Commissioner Regalado: Did they pay already? Mr. Loret de Mola: They are -- we're going to -- there is a total of 48 that we cited this year; three of them complied, and we're taking to the Code Enforcement Board, on May 23, the rest of them. Commissioner Regalado: So this is all over downtown? City gfMiami Page 113 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Mr. Loret de Mola: That's citywide. Commissioner Regalado: How about buildings of the -- owned by the County? Mr. Loret de Mola: Two -- three buildings are owned by the County. Commissioner Regalado: OK. Mr. Loret de Mola: And we cannot do that -- anything with them. Commissioner Allen: Right. Commissioner Regalado: Why not? Commissioner Allen: They're exempted, aren't they? Mr. Loret de Mola: They're exempted. Commissioner Allen: Yeah. Government owned -- Commissioner Regalado: So that means that any church -- Commissioner Allen: Yeah. Commissioner Regalado: -- or school can place a mural, and they will be exempt, too? Commissioner Allen: Nonprofits, right? Mr. Loret de Mola: Nonprofit, I think, is probably the exemption. Commissioner Winton: Well, you think, not -- Commissioner Allen: Right. Mr. Loret de Mola: No, I am not sure, sir. Commissioner Winton: We don't -- huh? Mr. Loret de Mola: I am not sure -- Commissioner Winton: OK, good. Mr. Loret de Mola: -- about the -- Commissioner Winton: So that's -- Commissioner Regalado: Well, how about -- Mr. Loret de Mola: -- church. Commissioner Regalado: -- if people -- Vice Chairman Gonzalez: Who can answer that? It has to be -- Commissioner Regalado: How about if people start renting spaces on schools and churches for City of Miami Page 114 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 murals? Mr. Loret de Mola: That's a good question, Commissioner. I'm going to have to look into that. Commissioner Regalado: Well -- Commissioner Allen: Well -- Commissioner Regalado: -- so, I guess -- I don't know. 1 mean, you guys -- Vice Chairman Gonzalez: Can anybody answer -- Commissioner Allen: Well, you know -- Vice Chairman Gonzalez: Can anybody answer that question, anybody from the staff? Mr. Fernandez: No. Commissioner Allen: This is an interesting issue. I mean, it's (UNINTELLIGIBLE). I mean, what's -- frankly, we can't do anything affirmatively, right, until we hear from the County. Mr. Loret de Mola: True. Commissioner Allen: Is that safe to say? Commissioner Regalado: Dusty knows about it. Mr. Loret de Mola: Yes. Commissioner Regalado: He knows about it. Commissioner Allen: OK. Well, just that issue. We don't want to have a lengthy -- right? We just want -- Dusty Milton: For the record, Dusty Milton, 3430 Poinciana Avenue. Your staff is correct. The County sign ordinance, adopted in July of 1985, governs. Commissioner Allen: Right. Mr. Milton: And it's not just signs. It can be -- that are visible -- traffic signs or signs visible from roadways. It is every kind of sign imaginable, and no, there is no exemption for government buildings or not -for -profits. Commissioner Allen: Oh, there is no -- Mr. Milton: In the regulations, there is -- Commissioner Allen: There is -- Mr. Milton: -- none; no exemption for anyone. Commissioner Regalado: So we can cite the County. Vice Chairman Gonzalez: So we -- City of Miami Page 115 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: Right. Vice Chairman Gonzalez.: -- can cite the County then. Commissioner Allen: Dusty, when you say every sign, does that include billboards? Commissioner Regalado: Of course. Mr. Milton: Billboards -- Commissioner Allen: Right. Mr. Milton: -- murals, signs in shopping centers -- Commissioner Allen: Centers. Mr. Milton: -- every imaginable kind of sign is governed by the countywide ordinance passed in July of 1985. It is the standard for every municipal -- municipality in the -- Commissioner Allen: Right. Mr. Milton: -- County, as well as Unincorporated Dade, and this is the copy I've been flashing for -- Commissioner Allen: Right, and definitely, before you -- Mr. Milton: -- a couple years. Commissioner Allen: -- step away, and the gist of that is that is there a limitation on the number, based on that 1985 -- Mr. Milton: Limitation on the number of what? Commissioner Allen: What's the substantive nature of what you're discussing, the 1980 -- Mr. Milton: You're talking about murals in this ordinance? Commissioner Allen: Yeah. Mr. Milton: Yes. It's quite explicit, as it is on every kind of sign, from billboards on down. Signs that are painted on or affixed to the side -- Commissioner Allen: Right. Mr. Milton: -- of buildings are highly regulated in detail by this ordinance. There is a maximum coverage of each building face, and specified in the Code. It's been unaltered for the last almost 20 years, and there is an extreme limit on the amount of the commercial message that is permissible on a building face for goods and services not available on the premises of that building. Commissioner Allen: Right, and it doesn't -- Mr. Milton: That would be zero. Commissioner Allen: -- trample on this issue offree speech and the like. City ofMrami Page 116 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Mr. Milton: It does not go to the issue of content. Commissioner Allen: Right. Mr. Milton: It goes to the issue of size and coverage. Commissioner Allen: Coverage. Vice Chairman Gonzalez: All right. Commissioner Allen: So, I guess that begs another question. Where are we at this juncture right now -- Commissioner Regalado: That was my question. Commissioner Allen: -- the City? Chairman Sanchez: We have -- Vice Chairman Gonzalez: We're at the will of the County. Chairman Sanchez: There's a motion on the floor directing staff, within 30 days, to bring to this legislative body -- Commissioner Allen: Right. Chairman Sanchez: -- exactly what they're going to be giving to the County. Let them expedite the process. Mr. Fernandez: And in essence, what we're getting from the County is certain exceptions -- Chairman Sanchez: Yeah. Mr. Fernandez: -- with regard to location, so that we can then, on our own, legislate on this area, as well as regulate. Vice Chairman Gonzalez.: All right, guys. Chairman Sanchez: But also, an important component there is the fairness as to who's be able to -- Commissioner Allen: Right. Chairman Sanchez: You can't have one district have 50 of them, or 20 of them, or 10 of them. There has to be a process. Mr. Fernandez: Correct. Chairman Sanchez: There was that lady that was here, who was a minority, who said, "Look, 1 can't compete with them." Vice Chairman Gonzalez.: That's right. Chairman Sanchez: "1 want to make sure that 1 get a bite at the apple." Remember what she City ofMiami Page 117 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 said? 1 heard it. Mr. Fernandez:: And what we will be bringing to you would have a process in place that would afford everyone -- that would be transparent, number one, and that would be equal and distributable on a fair basis. There is no preferences. There is no -- Commissioner Allen: Right. Vice Chairman Gonzalez: All right. Commissioner Allen: But -- yeah. Vice Chairman Gonzalez: Mr. Pastoriza. Gil Pastoriza: Mr. Chairman, Gil Pastoriza, 2665, on behalf of one of the mural companies. I would like to follow up on -- with regards to the County and the County's involvement in this industry. The County is in the process of adopting and ordinance right now -- Commissioner Allen: OK. Mr. Pastoriza: -- that will require that you do double permitting for every single sign that you ask in the City, so that if sign company -- when they're going to put a sign, or myself when I put a sign in my house or whatever -- I'm going to have to go to the County also and get the County's approval for that signage, so they are -- Commissioner Allen: OK. Mr. Pastoriza: -- extremely regulating -- Commissioner Winton: If you're going to put a sign -- Commissioner Allen: But, wait -- Commissioner Winton: -- on your house that is disallowed. Mr. Pastoriza: No, no. I mean -- Commissioner Allen: Right. Mr. Pastoriza: -- I have a business. Let's say I have a business -- Commissioner Winton: Oh. Mr. Pastoriza: -- and I want to put a mural -- not a mural board, a wall sign. Commissioner Allen: Right. Mr. Pastoriza: I want to put a wall sign on my -- I have a business in the City of Miami. Commissioner Winton: You said house, so -- Mr. Pastoriza: I take that back. I have a business in the City of Miami and I want to do a wall sign. Commissioner Allen: Right. City of Miami Page I18 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Mr. Pastoriza: Right now, the County's trying to pass an ordinance that will require that I also go to Miami -Dade County to get their consent for that -- Vice Chairman Gonzalez: And you will also -- Mr. Pastoriza: -- sign. Vice Chairman Gonzalez: -- have to pay a fee? Mr. Pastoriza: I -- you know, 1 don't -- I don't think that there was a fee structure in what I read, but that is coming. Mr. Chairman, there is a -- and your Code Enforcement Department has extensively cited all of these murals, OK, and they're all coming to a hearing on May 23. My question is, if you are considering -- if this legislative body is considering an ordinance -- and 1 thought we, at one time, had an ordinance -- is considering an ordinance, can these hearings be put in abeyance until we know what the rules of the game are going to be? Commissioner Winton: What hearing? Mr. Pastoriza: There's -- Commissioner Allen: You mean -- Mr. Pastoriza: There is a Code Enforcement hearing scheduled for May 23. Commissioner Winton: Heck no. Commissioner Allen: Right, but what -- Commissioner Winton: Are you kidding me? They're all illegal. Everybody knows they're illegal, and we're going to say, "OK, leave them up." I want them hung. Mr. Pastoriza: OK. Vice Chairman Gonzalez: All right, so -- Mr. Pastoriza: Thank you. Vice Chairman Gonzalez.: -- we had a motion and we had a second to -- Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chairman Gonzalez: -- deny -- Ms. Thompson: I'm sorry, Chairman. Vice Chairman Gonzalez: -- this item. All in favor, say "aye.' Chairman Sanchez: Wait, wait, hold up. Madam Clerk. Ms. Thompson: I'm sorry. I did not record a second. 1 have the mover as Chairman Sanchez. I don't have a seconder. Chairman Sanchez: Commissioner Regalado second my motion. City of Miami Page 119 Printed on 5'26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Thompson: Thank you. Mr. Fernandez: And again, the motion is to deny. Vice Chairman Gonzalez: For denial. Mr. Fernandez: So there is no need for me to read the item. Ms. Thompson: No, no. No, no. No. Chairman Sanchez: No, no, no. Vice Chairman Gonzalez: No. Chairman Sanchez: The motion -- Commissioner Winton: Didn't we pass -- Ms. Slazyk: Oh, there's two. Yeah, there's two. Ms. Thompson: Right. Ms. Slazyk: One was for denial of this, and then you had a second motion -- Chairman Sanchez: The -- my motion -- Commissioner Allen: Second. Ms. Slazyk: -- for discussion. Vice Chairman Gonzalez: Right. Commissioner Allen: Right. Chairman Sanchez: -- which was on the -- put on the record and second by Commissioner Regalado; was to have the Administration, at the next -- Mr. Fernandez: Oh, OK. I'm sorry. Chairman Sanchez: -- Commission meeting, bring forth the language that's going to be sent over to the County, or whatever the conditions or the -- set forth, focusing on the fairness, availability, and all that -- and that, so we know that the process is moving -- Commissioner Winton: Hey, Joe. Chairman Sanchez: -- because, you know, you can't continue to -- Commissioner Winton: Joe, we -- Vice Chairman Gonzalez.: All right, but -- Commissioner Winton: -- apparently had a motion on the table already that we hadn't voted on, which was to -- Mr. Fernandez:: Deny. City of Miami Page 120 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Vice Chairman Gonzcilez: To deny. Commissioner Winton: -- deny -- Ms. Slazyk: Deny PZ.20. Commissioner Winton: -- PZ.20. Vice Chairman Gonzalez: That was -- Ms. Thompson: But that's OK. Commissioner Winton: And we didn't vote on it. Vice Chairman Gonzalez: -- the request of the staff. Commissioner Winton: Right? Ms. Thompson: Actually, you're right, but you didn't have to vote on that first motion first. You can handle his, and what 1 wanted to call to Chairman's attention was -- Commissioner Winton: How can you do that if you have a motion and a second on the floor? Ms. Thompson: Because you can have more than one motion on the floor at any given time; it's according to the subject matter that you're dealing with. Chairman Sanchez: Yep. Commissioner Allen: Right. Ms. Thompson: OK. I'm sorry. In my notes, you said 30 days, not the next Commission meeting. Chairman Sanchez: Well, I meant the next Commission meeting. In other words, to report to us as to the status of what's going to be presented to the County pertaining to the murals. Ms. Thompson: Next Commission meeting. Commissioner Winton: At the next meeting? Chairman Sanchez: At the next meeting. Commissioner Allen: At the next meeting. Ms. Thompson: Thank you. Vice Chairman Gonzalez: OK. Now, we need to get this squared away because I don't think -- Chairman Sanchez: Next Commission meeting. Vice Chairman Gonzcilez: -- the next Commission meeting is realistic for what I'm -- Ms. Cuervo Schreiber: Commissioner -- yeah. Gry gfMiami Page 12l Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Vice Chairman Gonzalez: -- seeing, OK. Ms. Cuervo Schreiber: I'm requesting, you know, requesting -- Chairman Sanchez: The next PZ (Planning and Zoning), 30 days? Ms. Cuervo Schreiber: The next -- 30 days, yeah, because of meetings that we have to have with the County, and just internally, just on a staff level, to iron it out. Chairman Sanchez: But Christina, we -- this -- we've been back and forth with this for six months. Look, if they -- if we're not going to be -- if we're going to deny it, bring it forth, and we'll vote for -- Commissioner Allen: Right. Chairman Sanchez: -- the denial, whatever, but this process that takes years, it's really not fair to people. Commissioner Allen: Right, and -- Chairman Sanchez: It's fairness. What I'm focusing on is -- the keyword is fairness. Commissioner Allen: Right. Chairman Sanchez: You know, we -- bring whatever you're going to bring, and we'll vote for it. I mean, this legislative body could take action -- Commissioner Allen: And -- Chairman Sanchez: -- but what you can't do is continue to keep people in limbo. Commissioner Allen.: And, Mr. Chair -- Chairman Sanchez: And you know what this is? This is a game between the City and the County playing ping-pong. Ping, ping, ping, ping. No, you deal with it. No, you deal with it. You deal - - because that's what usually happens. Vice Chairman Gonzalez: All right, so we have a motion on -- then for 30 days? Chairman Sanchez: 30 days. Commissioner Allen: 30 days. Vice Chairman Gonzalez.: OK. We have a motion to -- so you come back within 30 days, and do we have a second? Commissioner Allen: Before we go -- Ms. Thompson: Yes. Vice Chairman Gonzalez: We have a second -- Commissioner Winton: Second. Ms. Thompson: We -- City O'Mara' Page 122 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Vice Chairman Gonzalez: -- from Commissioner -- Commissioner Winton: Second. Vice Chairman Gonzalez: -- Regalado -- Commissioner Winton: Second. Ms. Thompson: Yes. Vice Chairman Gonzalez: -- I understand. Just hold it one minute -- Commissioner Allen: OK, sure. Vice Chairman Gonzalez: Commissioner Allen, please, because the gentleman has been trying to address the Commission. Commissioner Allen: Yeah, that's what I'm trying -- Vice Chairman Gonzalez: Go ahead, sir. Commissioner Allen: Have him speak, right. Steve Alexander: Thank you. Steve Alexander, and 1 represent three of the companies that are -- Commissioner Allen: Right. Mr. Alexander: -- in business in the City now. We urgently support the recommendation, the motion that's on the floor now for the -- for as soon as possible. We've been -- Commissioner Allen: OK. Mr. Alexander: -- waiting for something to come back on this issue. We were in first reading in September. We are anxious to get with the City and craft whatever needs to happen for us to go forward. We want to get an ordinance that's new; that complies with where you want to be; that is something that the industry can support. We've been working with the County and talking with the County along -- in different conversations with the City, then the City, and we believe that they're very supportive of this City's actions to try and come into compliance with -- have both ordinances be in compliance with each other, so that we can go forward with this thing. Remind you that the revenues from this will go to arts and entertainment, which is the first time you're going to be able to fund that important function in this city. We just urge you to get this thing moving as quickly as possible. There's nothing that we can do out here that we haven't done in terms of trying to move this thing forward We thank the Commissioner -- Chairman for the motion. We urgently request that you encourage everybody to keep this thing moving as quickly as possible. Vice Chairman Gonzalez.: All right. Thank you very much. Commissioner Allen. Commissioner Allen: No, that was it. I just wanted to hear from the proponent; he wanted to speak. Vice Chairman Gonzalez: All right. Commissioner Allen: That was my concern. I'm ready to vote. City of Miami Page 123 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Vice Chairman Gonzalez: All right. Chairman Sanchez: Call the question. Vice Chairman Gonzalez: OK. Everybody -- everyone in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed? Motion carries. Next item. Ms. Thompson: No, sir. Commissioner Allen: Oh, now it's the -- Ms. Thompson: No, sir. Commissioner Winton: Well, we have -- Commissioner Allen: -- second motion with -- Commissioner Winton: -- a motion on the table to deny. Commissioner Allen: Well, we have to address Chairman Sanchez. Vice Chairman Gonzcilez: OK. We have a motion -- Ms. Thompson: To deny. Vice Chairman Gonzcilez: -- and we have -- Do we have a second on the denial? Ms. Thompson: Yes, you do. Mr. Milton: I answered a question; I (UNINTELLIGIBLE). I apologize, Mr. Chair. I responded to Commissioner Allen's questions. I just had 60 seconds worth of my own comments, or that I'd like to add, as the other speakers have been afforded the chance, please. Vice Chairman Gonzalez: Go ahead. Mr. Milton: Thank you very much. Number one, on this issue of importance to me, I want to align myself with the staff the recommendation to kill this bad proposal is a sound one. 1 want to align myselves [sic] with the assertion -- myself with the assertion of Commissioner Winton, and the desires of Chairman Sanchez. When Commissioner Winton says that all of these murals out there hanging with these commercial messages are illegal, he is absolutely correct; they are all illegal, and to the issue of fairness, the fairest thing for this City to do in enforcing the law, which the staff knows is this County's statute from 20 years ago, which says all of those murals hanging are illegal. These were all installed by the mural companies and the billboard companies; they're very bright people, some of them are my friends. They know everyday they're breaking the law, but they're making, everyday, hundreds and hundreds and hundreds of thousands of dollars in income. The fairest way to approach this mess, before we get some guidelines acceptable to the City and the County, so that there can be some criteria and fairness, the proper thing for this City to do is to go take down all of the illegal murals, because that's what they are; they are illegal. Those people are white-collar criminals. They're breaking the County Code, which governs in the City of Miami, and every day that those murals stay up is an affront to law-abiding residents and constituents in the City of Miami, and I don't care how much City of Miami Page 124 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 of a fine your Code Enforcement people may or may not impose; on May 23, or any other hearing day, that's not good enough. You ought to make the signs come down, and everybody can start from scratch, and 1 guarantee you, because most of my practice is in the County, the County -- can't speak for them, but my educated guess, being in the business of the -- this business in the County for almost 23 years is, they will take a much more cooperative view of what the City is trying to accomplish in raising money for arts and entertainment, if the City demonstrates the capacity, and the willingness, and the backbone to enforce the laws as they exist today, and as they have existed plainly and clearly for the last 20 years. If the City gets its regulatory house in order, I suspect that your negotiations with the County will improve dramatically; just an educated guess on my part. I know a little bit about this subject. Thanks for your consideration. Vice Chairman Gonzalez: All right. We had a motion and we had a second for denial, and we haven't voted on it. Let's please vote on it, and then let's debate the issue until midnight, if we all want to do that, and if we want to propose any other motion, I'll be more than happy to hear it, but let's vote on the motion to deny. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez.: Now we're open until midnight. Commissioner Winton: Mr. Chairman, I would like to direct this to the City Attorney. What Dusty said is right; I've been saying it all along. What the bad guys have done -- and the bad guys aren't just the mural companies; it's the building owners because the building owners are making a damn fortune, and so are the mural companies, and the amount of fines that are going to be imposed, because our Code is too weak, is spit nothing, so these people have every economic motivation to spit in our face, which is exactly what they're all doing, and so, I agree with Dusty. I'm not sure, Mr. City Attorney, that we're going to be allowed to go on private property and rip these things off people's buildings; I wish we could, but what can we do, because they're going to get -- even if the special master -- and I hope, by the way, that you or your staff will encourage the special master to cut them no slack, but even if they get the full boar, you know, they pay; the signs stay up; they make more money, who cares? What -- is there anything else we could do? Mr. Fernandez.: Yes. Besides the Code Enforcement process that's available to you, where the item can be taken alternatively to the board or to a hearing master, the City also has the power of taking certain cases, and some of these may qualify, to circuit court, and prosecute them in that form. However, you need to be apprised, and you need to ask your administration, your Code Enforcement, as to the extent of enforcement on illegal murals presently. I think -- I don't know that the message has come across loud and clear to you, but they are actively and aggressively pursuing illegal signs. Commissioner Winton: Yeah, and I know they're doing that because I've talked to them about it, and they've been doing it for some time, so 1 have been following that. I think -- for once, you know, I think the public, in this particular case, can't accuse Code Enforcement of turning a blind eye. I think they've done a good job, so the next step is what -- What are -- what is the next tool that we can use to smack these people that are spitting in our face? Mr. Fernandez:: Yeah, and the one tool that perhaps we have not used in the past is avail ourselves of the remedies that circuit court can afford us. Commissioner Winton: Well, would you, Mr. City Attorney, look into that -- Mr. Fernandez: I certainly will. City gfMiami Page 125 Printed on 5,26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Winton: -- and if there's an action you need us to -- whether you can do it unilaterally, or need us to take an action, one or the other, please. Mr. Fernandez: I will look at that, and within the next two weeks, I will have a full report to you as to which one of these cases could be presented in circuit court, and prosecute them to the maximum extent of the law. Commissioner Winton: Thank you. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. PZ.21 05-00221 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 8, SECTION 803, NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; IN ORDER TO MODIFY SUB -SECTION 803.6 TO ADD PROVISIONS AND LIMITATIONS TO ESTABLISH MAXIMUM RETAIL SQUARE FOOTAGE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-00221 PAB Reso.PDF 05-00221 SR Fact Sheet.pdf 05-00221 SR Legislation.PDF Big Box Ord 2.ppt Big Box Ord 2 for print.ppt REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval with conditions* on March 16, 2005 by a vote of 5-2. PURPOSE: This will add provisions for maximum retail square footage in the NCD-3 Coconut Grove Neighborhood Conservation Overlay District. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Noes: 1 - Commissioner Regalado 12676 A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, directing the Administration to meet with Attorney Tucker Gibbs and his experts to draft a modification of the current NCD-3 ordinance that includes all the rational - City of Miami Page 126 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 points recommended by Attorney Gibbs during his presentation today and more fully outlined in submittal on file, and to come back before the Commission on first reading by June. Chairman Sanchez: The consent agenda. Before we go in the consent agenda, we do have -- I want to -- the residents of the Grove that are here, I want to give you an opportunity, whether you want your item to be heard -- and I'm sure that the Commission would approve taking it out of order so you don't spend the entire day here. We could take it up in the morning, if you would like, or you could come back in the afternoon, because I believe it was time certain for the afternoon, so it's up to you. Do we have someone representing that would like to make that decision? Commissioner Winton: Well, kind of raise your hands. Would you like us to take it out of order and do it now? Chairman Sanchez: All right. Commissioner Winton: Done. You don't want to watch government in action for the rest of the morning? Chairman Sanchez: The only problem is that its properly advertised after 10 or 10: 30? Priscilla A. Thompson (City Clerk): Ten. Chairman Sanchez: Ten, so we -- by law, we have to hear it at 10:01, OK? So we'll go ahead and get through the consent agenda , and we'll get you out of here as quickly as possible. I'm sure that although this is an important item, I'm sure you've got other things to do. At this time, well go into PZ.21. Ladies and gentlemen, what we'll do for the sake of organization and decor, what we'll do -- where is the representation -- is -- Tucker Gibbs, is he here? Unidentified Speaker: Yes. Chairman Sanchez: Could we get him? All right. Ladies and gentlemen, those that will be testing in front of this legislative body, by law, must be sworn in. Now, I don't want to deny anybody the right for due process, and especially the right to address this Commission. However, Mr. Tucker -- OK, he's asking that we wait ten minutes, and that's Tucker. He's asking that we wait ten minutes? Unidentified Speaker: Yes. Chairman Sanchez: If that's your request, yes, sir, but before we do that -- well, why don't we wait to swear everybody in, so that way -- all right, let's get some of these items out of the way. We'11 be -- give us ten minutes, but we'll get you out of here. Listen, we -- I believe you're ready for it, but let me tell you the situation. We went back and forth, and we do have our public hearings, and we do have an interpreter, who's here, and she's only here for -- Madam Clerk, how long is she going to be here? Ms. Thompson: Until 12: 30. Chairman Sanchez: All right, so your discussion's going to take long, so this shouldn't take long at all. It'll be about maybe ten minutes. Commissioner Winton: What's that? What happened? Commissioner Allen: Mr. Chairman -- City ofMiami Page 127 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: All right. Commissioner Allen: -- could I make a -- Chairman Sanchez: PZ (Planning & Zoning) -- Commissioner Allen: -- suggestion? Chairman Sanchez: Well bring yours up. Commissioner Winton: I -- Commissioner Allen: Mr. Chairman -- Commissioner Winton: -- didn't hear that. Commissioner Allen: -- could I make a suggestion? Chairman Sanchez: Huh? Commissioner Allen: Perhaps -- Commissioner Winton: What'd you suggest? Commissioner Allen: I'm pretty sure Madam Rodriguez would be willing to defer momentarily. Chairman Sanchez: Yeah. All right. Commissioner Allen: If that's not (UNINTELLIGIBLE). Commissioner Winton: Absolutely. Chairman Sanchez: Listen, that's -- we'll bring you up, but you know, I'm trying to save the City some money here, but I'm sorry. I'll -- we'll take you up. I'm sure you -- I wanted to get you out of here as quickly as possible, so that's not a fair reaction to have. All right. Is your attorney here now? He's here, Tucker. Tucker, do you have your presentation ready? Tucker Gibbs: Yes, the presentation's ready. I just want to make sure -- Commissioner Winton: We have to start with our staff anyhow. Mr. Gibbs: OK, we're ready. Chairman Sanchez: OK. Mr. Tucker, as always, all those that will be testifying in front of this Commission, please stand up and be sworn in. Tucker, how many are you going to limit it to, my friend? Mr. Gibbs: Our position would be that the -- we're going to make a full blown -- the Attorney and the Planner are going to make a full-blown planning and attorney presentation, and so we would hope that nothing -- that if anybody's going to speak, they're not going to be repetitive and be brief and that's the important thing here. Chairman Sanchez: Would we agree on two minutes, each speaker, please? Commissioner Winton: Absolutely. City of Miami Page 128 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: Do we agree on that? Mr. Gibbs: OK. Commissioner Winton: Absolutely. Chairman Sanchez: OK. Thank you so much. Commissioner Winton: That's always been the rule. Chairman Sanchez: That's always been the rule, OK, so all those that will be speaking, state -- please raise your hand and be sworn in, and when you come up, please state your name and address for the record. Madam Clerk, could you swear them in? Ms. Thompson: Yes. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: All right. We'll go ahead and start with the PZ.21, 1 believe, correct? Tucker -- Lourdes Slazyk: Yes, PZ.21. For the record, Lourdes Slazyk, Planning Department. PZ21 is a second reading ordinance amending the recently adopted NCD-3 Coconut Grove Neighborhood Conservation Overlay District. This is in order to amend Section 803.6 to add provisions for maximum retail square footage. The City Commission passed this on first reading, with an amendment, which has been included in the drafts in your package. The amendment was that retail establishment is limited to a size -- a maximum size of 55, 000 square feet; however, may exceed the 55,000 square feet in total floor area for a retail and related services by Class II Special Permit. This is per an individual retail establishment. This would apply to the C-1 zones within NCD-3, and then there -- the limit of the 20,000 square feet maximum for an individual establishment, in SD-2 and 13, was adopted on first reading as -is. No amendments were made there. Chairman Sanchez: All right. Mr. Tucker Gibbs. Mr. Gibbs: I'm going to move over to that podium because our -- Chairman Sanchez: That's your lucky podium -- Mr. Gibbs: -- planner -- Chairman Sanchez: -- huh? That's your lucky podium? Mr. Gibbs: Well, we'll see after today, right? Chairman Sanchez: All right, sir. Mr. Gibbs: OK. Good morning. My name is Tucker Gibbs, with law offices at 215 Grand Avenue, in Coconut Grove. I represent the One Grove Alliance, and today we're here on second reading, as Lourdes said, on the ordinance that we would like to see go back to the original language that was proposed at the last meeting. We feel that that ordinance would truly protect City of Miami Page 129 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Coconut Grove from the impacts of big box retail. The issue for us is 70,000 square feet in a C-1 district in Coconut Grove, and it's important to understand the reason why is, without this ordinance, no big box, opened to the general public retailer, right now is permitted in C-1 districts anywhere in the City of Miami, and that's something I really need you all to understand. It is not allowed in your Code, and I want to explain to you why. In 1994 this issue of big box retailing came in front of the Planning Department, and the department director relied on Section 904 ofyour Code, which is titled "Determinations Concerning Uses or Characteristics of Use Not Specified," and in English what that means, if it isn't in the Code, then the Planning director has the right to make a determination that it should be in the Code, and it says in that section, where there is substantial doubt as to whether a particular use or uses -- not specifically identified in this zoning ordinance -- are of the same general character of those listed as permitted uses, the director makes a determination in the matter, so if it isn't listed, the director gets to say, yes, this is something that is assumed within that Code, and so the department director relied on this section and allowed him to make that determination, and he made a determination that a discount membership merchandiser, specifically -- and he listed Pace, Sam's Club, Costco -- is permitted in a C-1 district, subject to certain restrictions. The director took great pains to focus only on discount membership merchandisers when he specifically talked about Pace, Sam's Club, and Costco. The director stated that the Zoning Code would be amended -- that the Planning Department would present an amendment to the Zoning Code that would reflect these changes, and they did. An amendment was presented in 1994, and the City Commission approved the creation of what is now known as Section 944, titled "Discount Membership Merchandisers" that allowed those merchandisers in C-1, subject to conditions, and in the intent section of that particular part of the Code, it says, subject to conditions that mitigate their impact on the local landscape, the local economy, including disruption of existing urban scale, traffic generation, and alteration of established commercial patterns. It was the Planning Department's position that Costco and Sam's Club and Pace and their ilk had a negative impact on residential neighborhoods, and they created an ordinance because they were in doubt as to whether these were even allowed in C-1, and they made a determination, I guess, that they really weren't allowed, or there was some doubt as to whether they were allowed, and they said, OK, we're going to allow discount membership merchandisers in C-I, subject to these restrictions. Now, what happened when it went to the Planning Advisory Board, the Planning Advisory Board said, these restrictions aren't enough. You need to have it be subject to a special exception. Why? Because it should be the burden on the developer of these discount membership merchandisers to show that their use is not detrimental to the neighborhood. That's a basic planning principle, and this City Commission agreed and passed the ordinance, so right now in the City of Miami, if you're a Costco or a Sam's Club or anything that needs a membership card to get in, which is a limited number of people, the City of Miami's determined that that is a use that has significant impacts, negative impacts on a neighborhood, and the only way they'll allow that is by special exception, which means it's got to be -- the developer has to present it to the Zoning Board, and it eventually, if it's appealed, goes to the City Commission, and you all make the final decision as to whether it's even allowed in that area, subject to those conditions, and those were restrictions you placed on membership warehouses. Right now, your Planning Department -- not your Planning Department, but people are arguing that these are allowed in C-1 as a matter of right, not membership discount warehouses, because you've got to have a special exception for those, but a warehouse use, like a Wal-mart or a Target or a Home Depot, those are allowed as a matter of right. Nothing. Absolutely nothing right now. Now, I don't get it. if there were doubts as to whether or not a membership merchandiser was allowed and you all passed an ordinance that allowed it, to me that says that something that is a more intense use certainly isn't allowed, and you all should be dealing with it, and that's why we have the ordinance that is before you today, because the ordinance that's before you today deals with that issue. It deals with the intense issue of these uses next to residential. Oh, by the way, I forget one thing. In the planning fact sheet, which is the legal basis -- it's your substantial competent evidence and everything else that's the basis of your decision, when you make a decision. In the planning fact sheet, it says this will allow discount membership merchandisers in C-1. In other words, they're admitting it isn't allowed. This ordinance now allows it, so the question is, is City 4Miami Page 130 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Home Depot, Wal-mart, or any other open -to -the -public merchandiser big box allowed in C-1 ? I say no. 1 think the history in this ordinance says no, so it's our opinion that it isn't allowed, so why do we need this ordinance? Number one, as we said at the last meeting, it's to maintain the character of -- the retail character of Coconut Grove. Keep small scale retailing. Under the City's interpretation today, anything goes in C-1, anything goes; Target, Home Depot -- well, if you're a Costco, you have to go through a special exception. Also, the reason why we would like to have this is to protect the adjacent residential neighborhoods from the adverse impacts of these large scale retailers. The ordinance that you all passed on first reading said, you get a Class II permit; that's your check, and Home Depot, which is coming in for a permit, said yeah, we'll do that, but a Class II permit is a design review. It has nothing to do with traffic impacts. It has nothing to do with how big the project is. I1 deals with how it looks. How pretty is it. How it fits in in the design context, and that's not good enough, and it's not good enough for another reason. With a Class II permit, the burden is not on the developer to show the City why this development's important. The burden is on the residents. It's on the neighbors. The burden's on them to raise money to hire people like me and Mr. Alvarez to come to you and tell you why your ordinance -- while -- why the developer violates your ordinance, and that's not fair to the public. The burden should be on the developer. The developer should be the one coming to you to say, hey, this is why I belong here. It shouldn't be the public's burden, and that's the other reason why the way the ordinance is drafted right now really doesn't do much for the public. Finally, we hear the argument that we're taking away property rights. We talked about that before, but I want to remind you all, we are not limiting the square footage that is allowed on a particular site. We're not limiting the amount of the use -- we're saying that if you build retail, it has to be 70,000 square feet. If you have a site that allows for more than 70, build more than one retail, and Mark Alvarez, who's our planner, is going to talk about how you can deal with that through design; how you can build separate buildings that give -- that aren't as massive -looking as a big Wal-mart or a big Target. The ordinance has a firm basis in your Comprehensive Plan, and this is the disclaimer I give at this point. This is the legal stuff that gives you the basis for adopting this ordinance. This ordinance is supported by your Comprehensive Plan. Your goal -- Land Use Goal 1.1.3 provides that the City ordinance provides protection of all areas in the City from one, encroachment of incompatible land uses; two, adverse effects offuture land uses in adjacent areas that disrupt or degrade public health safety or natural or man-made amenities. We're talking about compatibility. Goal Land Use 1.1.7, land development regulations and policies allow for the provision of adequate neighborhood shopping, recreation, day care, and other neighborhood -oriented support activities. A variety of retail is much more conducive than a big massive box, whether it's Target, whether it's Wal-mart, or whether it's Home Depot. Goal Land -- Land Use Goal number 1.6.9 says the City's land development regulations will establish mechanisms to mitigate potentially adverse impacts offuture development. The ordinance, as it's written now, and your City Code does not do that. Think about it. If it has mitigate -- has established mitigation -- mechanisms for mitigation of membership warehouses, like Sam's Club, but it has nothing in there to mitigate the potentially adverse effects of these big boxes that allow anybody from the general public to walk in, and finally, Goal HO 1.1.7 says that control through restrictions in the land development regulations -- your Zoning Code -- large-scale and/or intensive commercial and industrial land developments, which may negatively impact on any residential neighborhood, and I'll just say "ditto" to my last comments. In addition, our proposal would support your findings and your evaluation and appraisal report. Section 1(c), titled "Protection and Enhancement of Neighborhood Integrity, "says Miami's development and redevelopment is presenting a number of unique challenges, and I dare say that development of big box in C-I districts in places like Coconut Grove and other neighborhoods is a unique challenge to its existing neighborhoods, including the encroachment of incompatible land uses, the lack of appropriate transitions between land uses, changing neighborhood character due to incompatible new development, and the demolition and historic preservation issues, so our question is how is the City addressing this unique problem? We're presenting you a way to address this unique problem. The ordinance that we're proposing that you would adopt today, or if you have to, send back 10 the Planning Board, does this. Here is what we want: 70,000 City ofMiami Page 131 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 square feet maximum retail in C-Is for any structure in a C-1 site; 20,000 square feet maximum retail in SD-2 and SD-13. We want a special exception for any big box use, which would include the following conditions: The site has to be a five -acre minimum, which is right out of your ordinance on your discount retail -- discount membership merchandise. We want extensive buffering and landscaping, an eight foot wall. We know your Code only allows a six foot, but we want an eighth foot wall between that project and any residential, and this is on any C-1 site. Increased interior green space. We think the bigger the site, the more green space you should have on it, not more asphalt or garage. Access only through arterials, which is the same condition you have in Section 944, which deals with the merchandise -- membership merchandise people, and we'd like you to have the garages lined. If they're going to put a garage in, doggone it, we don't want to see it, and there are places -- and Mr. Alvarez will talk about those design issues and how they can be met, and we'd like hours -- these big boxes can open 24 hours a day and we all know the stories. We'd like to have the City be able to limit the hours, which is very reasonable, and of course, I'm not discounting design standards. Design standards are important, but they're not the only thing, and we would like stringent design standards. Look at your Code again. It allows a less intense membership big box in C-1 only by special exception because of the negative impact on neighbors. All we're asking for is the same thing for big box that allows the entire general public to walk through their doors. This is the gateway to the Grove. The C-1 districts in Coconut Grove are the gateways. They're at Bird Road, they're at McDonald Street, and they're at 27th Avenue. Think about those streets. Think about 27th Avenue. The gateway to Coconut Grove is a Shell station. The gateway to the Grove is a Chevron, Taco Bell, and possibly a Home Depot. The gateway to the Grove is a car wash and an oil change. The gateway to the Grove is the Human Resources Center. All these are C-I districts, and all of these are an embarrassment to the City of Miami to have people come into a jewel, maybe not the jewel, but a jewel of the City of Miami, so please remember our goal. Keep neighborhood retail in the Grove. Keep regional heavy use, large-scale big box away from residential uses, and also allow a developer who has C-1 to be able to use it for the permitted uses, with these limitations. Thank you. Commissioner Winton: Tucker -- Mr. Gibbs: Yes. Commissioner Winton: -- before you go, a couple of questions, and Mr. City Attorney, 1 hope you're making notes on the legal arguments because I think the legal arguments ought to be answered, but how are you defining "big box"? Mr. Gibbs: I define "big box" as anything over 50,000 square feet. Commissioner Winton: Well, let me -- Mr. Gibbs: And if there's planners -- I mean, I'm not a planner. Commissioner Winton: Hold on. Let me read you -- Mr. Gibbs: And that may be better asked to the planner, but -- Commissioner Winton: OK, but let me read you a definition, and this is from the ICSC, the International Council of Shopping Centers, definition big box, a single store typically between 10,000 -- now, obviously, they haven't updated it, so this is their -- probably their original definition when the term "big box" came out -- store typically between 10,000 and 100,000 square feet. We know now then there are 200,000 square foot big boxes out there or more -- oh, it does say "or more," sorry -- such as large book store, office supply store, pet store, electronic store, toy store, et cetera, so in listening to the recommendations you're making here because what -- I think that at least the people who are watching Miami Television right now, maybe not City of Miami Page 132 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 those who are in this room, but the amended NCD-3 ordinance language is not just dealing with the Home Depot site. Mr. Gibbs: That's correct, absolutely. Commissioner Winton: And I -- are y'all going to show a map of all of the -- Mr. Gibbs: Yes. Mr. Alvarez is going to do a PowerPoint presentation -- Commissioner Winton: OK, good. Mr. Gibbs: -- and he's going to show every single site in Coconut Grove, but not spend a lot of time on them, but you'll see. Commissioner Winton: Because the -- as a whole, relative to all the C-1 sites in Coconut Grove, the recommendations you're making seem to me to be rational and logical -- Commissioner Allen: Yeah. Commissioner Winton: -- most of them. Commissioner Allen: Right. Commissioner Winton: I don't know if all of them, and we've got to get a reading from the City Attorney, but if we move that direction, there has to be a better definition of big box. Mr. Gibbs: And we have no problem, and 1 think -- and I have it with my -- in my file over there. Commissioner Winton: You don't want to end up with the law of unintended consequences that many of these things can create, and that's one of the issues we have here. Mr. Gibbs: We have -- and Mark, you and I talked about it last night. There is a series of ITE (Institute of Transportation Engineers) definitions, I think, that we talked about, and I forgot the square footage, but you averaged them, and 1 don't know what the detail is -- Commissioner Winton: OK. Mr. Gibbs: -- but I can find them -- Commissioner Winton: Good. Mr. Gibbs: -- before the end. Our position is is that we're happy to work with the Planning Department in creating that definition. Our goal is, right now we think that it isn't allowed, but if you do allow with no restrictions, it's like Katie bar the door. Commissioner Winton: Well -- and you understand that this would be greater restrictions, so the law is going to require that we go back, and I'm -- my view is, we ought to pass what we've got and go and amend whatever we're doing here so that we don't have to start over. Mr. Gibbs: Well, I have no problem. Commissioner Allen: Well -- Mr. Gibbs: And our position is, since big box and our position is not legally allowed -- City ofMiami Page 133 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: Right. Mr. Gibbs: -- we can do that, but I have no problem with you all passing it the way it was presented to you at first reading. Commissioner Winton: Got it. Commissioner Allen: Right, because -- if I may, Mr. Chairman, quickly, before the other people speak, because I need to have this clearly crystallized. I mean, what -- could you re -explain what the current ordinance as it read? You want -- go ahead. Mr. Gibbs: OK, the current ordinance, as it reads, as Lourdes said -- and Lourdes -- Commissioner Allen.: Right. Mr. Gibbs: -- correct me if I'm wrong. I'm doing it from memory -- is, I think, 50,000 -- Commissioner Allen: Square -- right. Mr. Gibbs: It's unlimited, but anything over 55,000 must have a Class II -- Chairman Sanchez: II permit. Mr. Gibbs: -- permit. Commissioner Allen: II, correct. That's where we are. Mr. Gibbs: Our position is that the ordinance that was originally presented to you at the last zoning meeting -- Commissioner Allen: Correct. Mr. Gibbs: -- said 70,000 square feet, nothing more than 70,000. You all amended that to the 55,000. Commissioner Allen: We sure did. Mr. Gibbs: Anything over 55,000 gets a -- Commissioner Allen: 1 recall. Mr. Gibbs: -- Class II permit, so our position is we wanted to go back to at least -- Commissioner Allen: To the 50 -- Mr. Gibbs: -- to the 70,000 -- Commissioner Allen: So -- Mr. Gibbs: -- square feet, period -- Commissioner Allen: So -- Mr. Gibbs: -- with a proviso of going back -- City gfMiami Page 134 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: Right. Mr. Gibbs: -- to the Planning Board -- Commissioner Allen:: So what you're requesting -- Mr. Gibbs: -- for the rest of it. Commissioner Allen: -- is to remand this with -- and add those exceptions; would that -- Mr. Gibbs: Two things. Chairman Sanchez: Are the conditions in here? Mr. Gibbs: As Commissioner Winton said, I'd love you all to pass -- Chairman Sanchez: Are the conditions in here? Mr. Gibbs: -- the 70,000 limitation -- Chairman Sanchez: Are the conditions in here? Mr. Gibbs: -- today, which was what was originally presented -- Commissioner Allen: Presented. Mr. Gibbs: -- to you -- Commissioner Allen: Correct. Mr. Gibbs: -- and then not remand, but send back with instructions to the Planning Department to develop an ordinance, as 1 had described, requiring a special exception for any big box use in C-I in the NCD-3. This is not about the whole City. It's about NCD-3 in the Grove. Commissioner Winton: Right. Commissioner Allen: Right. Mr. Gibbs: And -- Commissioner Winton: Right. Mr. Gibbs: -- with conditions that would be developed by the Planning Department, along the lines of what we talked about tonight. Chairman Sanchez: Well, you've said some of the conditions already on the record. Mr. Gibbs: Right, yes. Commissioner Allen: Right. OK Mr. Gibbs: And we would work with the Planning Department. They're the professionals, and we would work with them to develop something that we all could agree with. Commissioner Allen:: Right, and I guess, just lastly, Commissioner Winton wants that big box City of Miami Page 135 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 definition further defined. I mean -- Mr. Gibbs: And I have no problem with that. I think we all know big boxes and 10,000 square feet, but we also know that it's -- and Mr. Alvarez will show you, graphically -- Commissioner Allen: Right. Mr. Gibbs: -- big box, as it can grow, and we have that in our presentation, as well. Commissioner Allen: OK. Thanks for clearing up. Mr. Gibbs: Thank you. Thank you all. Mark Alvarez: Good morning. Mark Alvarez. Oh, did you want to say something? Chairman Sanchez: No, no, no. Go ahead. Mr. Alvarez: Mark Alvarez. I'm a planner, AICP (American Institute of Certified Planners), address at 625 Northeast 50th Terrace, in Miami. I'm going to be making a presentation that's on the ordinance, and starts with -- it's going to be PowerPoint. I'll be about 15 minutes, so -- we started off with -- I think we've already talked about some of these questions. What are we here for? And we're here to maintain the character of the Grove as related to the scale of the retailing and protecting the residential neighborhoods. It affects the C-1, the SD-2, and the SD-13, and I think this -- what Commissioner Allen was asking, this is the original -- before the change on the sec -- first reading, this is the original thing that we were asking for, 70,000 square feet for C-1, a Class II for anything over 55, or in other words, a Class II for -- between 55,000 and 70,000, and then 20,000 square feet in SD-3 and SD-13. What we're not here for is to limit or regulate the development of any single property. We are not here to limit a particular retailer. This is legislative, and this is general to the entire NCD-3, and these are going to be the maps. I'd like to show you all of the properties and all of the sites that are affected by this ordinance, if it was passed. There are five sites in C-1 districts. There are 18 sites in SD-2. There are 10 sites that would be the SD-13. These were -- these sites were all -- before I show them, but these are sites -- are all based on allowable FAR (floor area ratio); they're based on looking at a contiguous set of properties if they're assembled, and then we look at what could be built on those with the FAR, with bonuses, et cetera, and if those square footages exceed the limits from before, the 20,000 and the 70,000, then we've got those on the map, so in other words, this shows you what the potential is for a single big box on any of these sites. We'll start with the C-I s. This is the Miami -Dade County Human Services site, and if you look at the yellow, there's some information there, but the yellow line at the bottom, it says you could build it to 212,000 square feet on that site. The car wash/oil can site, for lack of a better name for it, could be built to 149,000 square feet. That's at the corner of Bird and Dixie Highway. The McDonald's site, on the west side, or I should say the southwest side of McDonald, it could be built to 88,000 square feet. The Kmart/Milam site, with the proposed Home Depot site, can actually be -- go to approximately 729,000 square feet. This is based on FAR, and again, don't forget that part of what makes the FAR big is it's not only the net area, but it's the gross area. It's the right-of-way around that site. Twenty-seventh Avenue gateway, this would be the southwest side, the triangular property, with the Shell station and the shopping center; that could go to 462,000 square feet, and that has a very significant bonus that's included in here for the pedestrian overpass to the station. Without the overpass, it would be 326, 000 feet, so there's five C-1 sites that -- it's eight properties that would come together for those five sites, and that's the potential, 88,000 square feet to about 729,000 feet. For the SD-2s -- and I'm going to go through these a little bit faster, but -- and 1 want you to see the pattern of where they are, and try to look at the yellow numbers to see what these sizes really are. We have -- starting on Grand Avenue, on the west side, a McDonald, we have 104,000 square feet; going across McDonalds, that block -- that half a block is 116,000 square feet; south of that, 124,000 square feet; going a City ofMiami Page 136 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 little bit up McDonald, there's some small properties, 37,000, 44,000, 38,000, 49,000. Of course, again, we're dealing with a 20,000 square foot limit here. Going through -- down Grand Avenue, we have -- between Margaret and McDonalds, we could build 50 -- almost 58,000 square feet on the north side; on the south side, 70,000 square feet; further east, 111,000 square feet. We get into the Commodore Plaza area, which is also SD-2. We could go to 107,000; 68, 000 just on the other side; by Fuller Street, 81,000 square feet, and in that little corner, 46,000 square feet. Part of SD-2 is also Cocowalk. Of course, Cocowalk and the Mayfair are very large already, so they're there, but I'm not sure if it's that relevant to our discussion since they're already big, so we have 18 SD-2 sites. A hundred and thirty properties are involved, and the pattern here is this is all about Grand Avenue. SD-2 is protecting Grand Avenue, which is supposed to be a retail -- a community retail -- basically, the community retails of the Grove. SD-13 starts along 27th Avenue, and we're starting up -- there's a little red box on the north end there. These are the half -blocks that face 27th Avenue. Again, we're dealing with a 20,000 square foot limit, and looks like something went wrong here. Looks like the rest of them are that way. I'm going to -- could you hold one second? 171 read the sizes. OK. The yellow lines somehow got out of the screen. Apologize, but most of these are just a -- are somewhat bigger than the sites, basically, so we're going to be over 40,000 square feet on most of these; over 60,000 here, over 100, 000, and we're just going down 27th Avenue, the triangular sites on one side. We're up to Bird Road. All of these sites are affected, and all of them can be fairly large down to Tigertail, and we get 10 SD-13 sites; 55 properties that could be over, and most of them significantly over 20,000 square feet, so again, we see the pattern. What it does is -- we covered 27th Avenue, which is the gateway to the Grove. It's supposed to be Grove scaled retail center with smaller shops and not big boxes. We have the -- all of the gateways along US 1, the C-1, and we have Grand Avenue, and actually, that's pretty much all of the retailing within the Grove, so we're talking about the entire Grove's retailing; total over 33 sites and 193 properties. A little sense of scale, and 1 guess this is --1'l1 talk a little bit about what we were just discussing before. A main street retailer is typically considered something in the 2,000 square foot range, and these are -- these boxes are relative size. They've not to scale on the screen, but they're relative to each other. A chain drugstore, or say a CVS, or a Walgreen's runs in the 13,000 square foot range. A large supermarket, a full-size Publix, let's say, would be around 40,000 square feet, sometimes a little over, and our 20,000 square foot limit would be saying this is outside of boundaries. The CVS (Consumer ValueStores), the Walgreens can go in, but the Publix is not in for the SD-2 and the SD-13. Beyond that, we get into the 70,000 square foot boundary for the C-1, and of course, full-size department stores -- Targets, Home Depots, et cetera, Costcos -- all fit into that 125, 130, 135,000 square feet, and the absolutely enormous Wal-mart Super Centers run in the 250,000 square foot range, and actually, some of those could fit here, based on FAR, so why a big box ordinance? Well, first of all, as Tucker said, and one of the best reasons is it doesn't reduce property rights, and that's enough said on that. It supports the City's Comprehensive Plan, and Tucker Gibbs has covered these, so I'll go through them -- I'll just go through them. This LU 1.1.3, 1.1.7, and 1.6.9, and Housing Goal 1.1.7, and all of those basically discuss the scale of retail and protecting the residential character of neighborhoods. Tucker Gibbs also discussed the EAR findings, the Evaluation and Appraisal Report, which recommends the changes to the City's Comprehensive Plan, and it addresses these issues of incompatibilities, the lack of appropriate transitions, and again, it looks to those same policies, and said that each one of them needs to be bolstered and strengthened, 1.1.3, 1.1.7. It also -- this implements the NCD (Neighborhood Conservation District) objective as another reason, which is to protect the neighborhood character and protect the residential character, and I want to make a point on this. The neighborhood character that we're protecting is the residential, but also the retail scale. There was a presentation on the first reading of this -- about the character -- the aesthetic character of many of the properties that we would be protecting, and we are not protecting the aesthetics. We would probably like to see some of the ugly properties go away, too, but we would like them replaced with retail of a proper scale, and that's the point, so the fact that some of these places are sort of ugly really just doesn't matter. The other -- of course, incompatibility is the main thrust of why we have a big box ordinance. The map here shows all of the red sites. A11 the red ones are the sites that abut R-I and R-2 areas. In other words, that City of Miami Page 137 Printed an 5/26/2005 City Commission Verbatim Minutes April 28, 2005 abut single-family and duplex areas in the Grove, and those, of course, are the ones that are most sensitive, and actually, 21 out of 33 of these sites abut residential of that scale. We were just talking about this big box power center retail with a large sales floor, one brand under one roof a single building usually with large setbacks and facing the road, and I'm going to use, just for an example -- and I promised I wouldn't do this, but I think it's appropriate to do this. An example of what you get when you don't have this protection, and I am going to use the drawings that are on file right now with the City for the Home Depot at the Milam's and Kmart site, and what you end up with, when you don't have any protection, is you do have a big box sitting in there. The back of that big box is facing the neighborhood. In other words, Bird Road is on the south, and I apolo -- I -- we couldn't copy the drawings, so that's why these are hand -drawn. What it does is that you have a very large box that faces -- it'll face the roadway with the most traffic, so it'll face the highway. The good stuff, the front door is going to face South Dixie Highway; the neighborhood gets the back, and that's what happened here. We also have be -- on this particular site -- because the neighborhoods get the back of the store operations, we have the loading dock, we have the truck traffic, we have very little buffers. Everything's crammed against the back of the site because they want the parking lot to be as large as possible. (UNINTELLIGIBLE) is perfectly legal because there's nothing really to protect it, borrowing what Tucker said before. Excuse me, I shouldn't have said that, but it's assumed to be allowed. Excuse me, and finally, more of the compatibility issues, the loading area, the lumber door, the concrete pad for the storage is all facing the neighborhood. You see the lumber door is on the left side of the drawing, and the concrete pad that all of these stores have, where they -- there's usually some outdoor storages all facing the neighborhood. In this particular case, because again, in the orientation facing the highway -- in this case, since South Dixie Highway will never FDOT (Florida Department of Transportation) will never allow a median cut, all of the truck traffic has to come through the neighborhood, and in fact, if you look down at the bottom on Bird Road, the driveway there is -- this is the driveway that's the most wide driveway for the whole site. It's 75 feet wide, and it's very definitely intended to accommodate trucks coming in that back driveway, and moving around the store and around the site in that direction, so it brings the truck traffic through the neighborhood again. The whole issue being that a big box will orient itself always to the highway, and the neighborhood gets the back of the store operations. What are the alternatives? Well, that's a very pretty picture, and not only is it nice -looking, but it's real. This is a project that was approved about two months ago in South Miami, and South Miami does have ordinances that limit the size of the building. You can build as much as you want, but the size of the building, as well as the height, are limited, so you have to break up the buildings, and just to show you. This is actually fairly large development. It's much larger than 87,000 square feet, but the commercial space is 87,000. It's on three blocks of about 193,000 square feet, so this is within the scale of what we're talking about, but what's required there is that the building masses get broken up and it fits into the community, its pedestrian. It fits into the residential areas across from it, so there is -- Commissioner Winton: What is the use of that (INAUDIBLE)? Mr. Alvarez: It's a mixed use. It's office and residential, and retail on the bottom. Retail, first floor. 1 think office is on north and second floor, and then residential above it. Finally, the other reason why a big box ordinance -- and this is going to be an issue that's more interesting because I know you've had presentations about that Home Depot would have less traffic, and in fact, it would, compared to the Kmart, but in general, since we are talking about in general what big boxes are, big boxes generally cause more traffic than mixed retail. This is a list of all of the ITE, the Institute of Transportation Engineers, categories for big box retail, and I know they're hard to see, but I -- Commissioner Winton, they're all of the ones you just named before, and when you average them out, the average daily trips that are produced by a 1,000 square feet of those is about 59 trips. When we look also at ITE and we look at specialty retail centers or shopping centers and average them out per 1,000 square feet, they produce 43 trips per day, about 27 percent less, so when looking at all the big box uses, in fact, they produce more traffic. Home Depot -- what is it called? Home improvement super centers just happen to produce less, City gfMiami Page 138 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 at least according to ITE. Then finally, we -- I already talked about this too much, but most communities that have enacted big box ordinance cite the economic benefits, and three things are always cited. One is that they don't find employment gains when comparing a big box to smaller stores; two, that the job market becomes very dependent on a single entity, and worse yet, the business decisions of that single entity happen outside of the community, and 1 think probably Kmart's decisions throughout the nation have been a perfect example of that. Finally, as Tucker said, what we're looking for is adequate protection, an ordinance that protects the scale and character of Grove retail in the residential neighborhoods, and without the need for extraordinary vigilance by the community that a Class II permit alone requires. Thank you very much. Commissioner Allen: Thank you. Chairman Sanchez: All right. Commissioner Winton: Could 1 get a copy of your -- the traffic model you had? Thank you. Chairman Sanchez: All right. Commissioner Winton: Oh, it is? Do 1-- did it -- OK, here. OK, thank you. Chairman Sanchez: Madam Clerk, do you want to start -- Counsel, do you have any other expert witnesses? Mr. Gibbs: No. Chairman Sanchez: OK. Mr. Gibbs: That was it, and we're ready to have the public -- Chairman Sanchez: OK. Mr. Gibbs: -- speak. Chairman Sanchez: Yes, sir. Hello. David Collins.: Commissioner Sanchez -- Chairman Sanchez: Welcome. Mr. Collins: -- hello. David Collins -- Chairman Sanchez: State your name. Yes. Mr. Collins: -- 3230 Gifford Lane, Coconut Grove, Florida. Fellows citizens, Commissioners, my comments are a little more general. I wanted to, first of all, recall the wise words -- recent words of Senator Bob Dole, who asked when -- how did he get along with Bill Clinton? He said, "It was easy. We weren't enemies; we were opponents." I am touched by the opportunity to speak to you again this morning. I'm hopeful, actually, of convincing you to shift in the face of the expert testimony you've just heard to reduce down to 70,000, the maximum size, and to revisit the issue of by right, because I think Mr. Parrish will address that. Today would change the Grove forever. I'm hoping for the better. The decision you make today will echo and resonate for many decades, as the decision has resonated that allowed that shopping center to go in there originally. An example of how this process has become destructive to our community is that it seems to have eroded a sense of mutual respect, both for our government and for our citizen City of Miami Page 139 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 volunteers who have contributed thousands of hours to this City. We have all felt as though access to City Hall might become curtailed if we speak frankly and respectfully to you. This is unfortunate, and I hope that your decision this morning would begin to rebuild that erosion. The basic contract here is that we pay our taxes and the City protects us, not just from sexual predators and burglars, but from big, noisy, loud, dirty things going next to our homes. That's what we're seeing this morning. It's a thing that doesn't belong next to our house or our children. The Grove, in particular, is in a very vulnerable moment, economically. As the president of the merchants group, I know that Commissioner Winton and the Business Improvement Committee has sought to address this, but with Cocowalk, with empty stores, Mayfair being reclaimed by the bank, and the historic Playhouse, perhaps about to be leveled, we are at a place where an imprint of a big box can imprint this community negatively for decades. I ask you not to make that choice, and I would -- is that my 18-second warning? I would skip then to Mayor Diaz's remarks, if I may? Chairman Sanchez: Absolutely. Mr. Collins: Thank you. Miami itself is going through a dramatic transformation, that's to be sure, and this is an opportunity moment for that transformation. Places of pride are places that are owned by all people equally. We agree with that completely. Chairman Sanchez: Thank you so much. Mr. Collins.: And, finally, if1 may, Commissioner. Chairman Sanchez: In conclusion. Mr. Collins: In conclusion, "There are many shining moments in the history of all good cities," Mayor Diaz. Let this be one of them, please. Chairman Sanchez: Thank you so much. Mr. Collins: Yes. Chairman Sanchez: All right. Andy Parrish: Good morning. Hi. Andy Parrish. I live in -- on Tigertail Avenue, 1617. I'm the builder of that new building on the corner of Grand and Douglas, the southwest corner, and my offices are at 145 Grand Avenue. Chairman Sanchez: Madam Clerk, did you get his -- did you get the name? OK. Mr. Parrish: Andy Parrish. Chairman Sanchez: Thank you. Mr. Parrish: And I wanted to thank the Clerk because I spent a lot of time in her office this last week going through microfilm, and some of the stuff you heard today about the previous ordinances -- Chairman Sanchez: She was recognized this morning for records. Mr. Parrish: She's excellent, so are all her staff They were courteous and kind, and helped somebody who never used a microfilm to do that. I would like to say to everybody here, I'm proud of this City Commission. We've watched -- I know you when you looked like a teenager when you got elected. I don't know particularly Commissioner Allen, but I know your Chief of City ofMiami Page /40 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Staff, and he's a Grovite, and he's fought for the Grove. I've watched Commissioner Regalado fight for his community, and the same as Commissioner Gonzklez, and I've got to say, in all honesty, Johnny Winton is the reason that the West Grove is getting better, that Grand Avenue is better. The very first task force he ever did was the Carter Street Task Force, which was a drug hell right next to Virrick Park. He's the reason it's better, so I just wanted to -- and I also remember when you didn't have any furniture in your office when you moved in, and my wife had to call you and say, "You're a Commissioner now. You can order some furniture," so that being said -- Commissioner Winton: Got borrowed by another Commissioner. Mr. Parrish: This is an issue, I think -- and with no respect to Lourdes or her staff or anything -- I think the -- Tucker -- the argument that Tucker brought up about the big boxes, the Sam's Club, I don't think Commissioner Regalado even realized that a Sam's Club needed a special exception to get into your district, and so when we -- when I was looking through the microfilm and I read -- I mean, I almost fell off my chair when it said, "The proposed ordinance which allows discount membership merchandisers, as defined by special exception in the C-1 restricted commercial district, the Planning, Building and Zoning Department believes that this proposal would offer the protection desired to our City's commercial and residential areas, as expressed by the PAB (Planning Advisory Board), and that a special exception is required, as well as the opportunity for these types of businesses to locate within the City, subject to compliance with certain precautionary measures designed to minimize their potential negative impact on the community." I mean, I almost passed out in the Clerk's Office when I stumbled across this, so what I'm saying is, if this had been presented to you in all its fullness, I was the guy who wrote an article for Elaine's paper, where I said, I've read the C-1 now and I -- it just about fried all my synapses, and I read the C-2 and I said, I can't decide -- as much as I'm in favor of not having a Home Depot in the C- 1, I frankly admitted at the end of their article that you couldn't tell from your ordinance, and I said that just doesn't make sense. If one is light commercial and the other is heavy commercial, it just seemed, as a matter of common sense, that you should go in the C-2, and if Home Depot was planning to go into the C-2, nobody would object. Everybody would say, OK, that's the heavy industrial one -- heavy commercial one. When they try to get into the C-1, there's a problem, and then when you finally find this ordinance that says a Sam's Club, which is a membership organization, requires a special exception, I said, now the pieces fall together and make some sense. They can go in the C-2, no questions asked; they can go in the C-1, but they have to get a special exception, and I think if that had been presented to you in the beginning, the way all of you -- and I've watched Commissioner Regalado do for his district and all of you -- I think you would say, you know what? This now makes sense. Our ordinance isn't a joke, and we're either going to put them in the C-2 or they have to get a special exception. Thank you very much. I appreciate it. Chairman Sanchez: Sir. Commissioner Allen: OK. Susan Billig: My name is Susan Billig, 3595 Avocado Avenue, Coconut Grove. I've lived here 38 years. I'm not going to talk about the issue of HD, Home Depot. What I want to say is, I want you all to look around and see who's sitting here. We represent Coconut Grove. We're the people who live here because we chose to live here. Another thing I want to remind everybody who is sitting behind me is that we have never had a Commission like this. I'm not allowed to use names, right, for the other people? But who used to sit there and who used to sit here. We never had anybody who cared about Coconut Grove the way Johnny Winton has, and I want to believe that whatever he said at the last meeting, all he wanted to do is think about this, and I appreciate that tremendously. How could I possibly ever add anything to what Tucker has said or had Andy had said? All I'm saying to you, Commissioners -- and Joe, I met you the first day you were here, in the theater -- please think of us as a village, as a community who cares greatly City o1 Miami Page 141 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 for what happens after this meeting, and I think that -- I'm not a professional. The people who spoke before me are, and let's just remember that we are a village and try to keep it a village, and thank you all for being who you've become. Thank you. Chairman Sanchez: Thank you. Norma Post: It's nice to follow this lady. It show that we still have a sense of humor. Chairman Sanchez: Ma'am, we need your name and address. Ms. Post: Yes. Norma Post, 2061 Tigertail Avenue for 47 years, and I would like to address, not only you, the Planning Department, the Zoning Department in the City of Miami, and to tell them again that this is the Hope Diamond in Coconut Grove. Do not chisel away for it. Please see that the ordinances that we have now are enforced because they are not enforced on 22nd Avenue and US 1. There were two ordinances were completely disregarded, and that's not unusual in this City, and the special district, I understand that they can be removed without ever having to notify any of the neighbors. I have across from me, where they changed the zoning, without ever having notified me, and with the SD (Special District) zoning, it seems to be that never used to be. If there was any change in the neighborhood, you had to be informed, so I'm asking all of you to pay attention to the people who live not only in Coconut Grove, but the City of Miami because we're joining together, all of the neighborhoods, to see that we have a decent city. We're tired of the slums that we have to drive through. 1 don't drive through them. I'm afraid to drive through. Let me answer your question, Commissioner Winton. It's not in your area. Concentrate on -- you want to know where to put the people that are coming here? Look into your slums. Build something nice there. You have the ordinances. You have the power to change your City, but nobody's paying attention, certainly not the Zoning Board, the Planning Board. The reason we're here now is because the Planning Board went right ahead, approved it; they sneaked in this petition, and this is the way it's been going for years and years and years in this City. Do we have to be imposed upon in this City of the will of all the builders, all the greedy people from every part of this country and from outside the country to decide what zoning we're going to have here, what changes we're going to have here? And one last thing about Home Depot that wasn't mentioned, and that is it's a trash dump. Look on 8th Street and see how they maintain the property. Why don't you enforce the law, and see to it that they clean up that place. Chairman Sanchez: Thank you. Ms. Post: Eighth Street is another slum area. I thank you. Please pay attention everybody. Applause Chairman Sanchez: Ladies and gentlemen, as always, I must ask you not to do that. Nina West: That's a tough act to follow. Chairman Sanchez: I'm the bad guy. I'm the bad guy. Ms. West: Very tough act to follow. My name is Nina West. I live at 3690 Avocado Avenue, in Coconut Grove, but I'm also a board member of Miami Neighborhoods United, and today I'm here to speak on behalf of Miami Neighborhoods United, as Josephine is at the doctor, who is a much more eloquent speaker than I am. Miami Neighborhoods United is concerned with this issue, as we are concerned with all of Miami 21, the EAR, and how this is going to affect neighborhoods which have joined together. We are concerned about corridors walling in our neighborhoods. We are concerned that we may not be involved in the process to determine by zone. We have heard from the City that they wish to include us, so we are here to help, and we City of Miami Page 142 Printed an 5/26/2005 City Commission Verbatim Minutes April 28, 2005 are here to give you our input, and in this case, after a discussion, the Miami Neighborhoods United has voted unanimously at the board meeting to support Coconut Grove in limiting the size of big box retail in a residential neighborhood. Thank you. Michelle Niemeyer: Commissioners, my name is Michelle Niemeyer. I'm a resident of Coconut Grove at 3053 Day Avenue. I'm also a member of the Coconut Grove Village Council, which adopted a resolution about these big boxes, as well. The reason I'm here today is, I was concerned when I was at the last Commission meeting, and the discussion about the NCD-3 was very focused on the Home Depot, and I think there was an important point lost which, thankfully, was brought back today, which was that the NCD-3, which has been in the process for at least a few years, is about the character of the Grove as a whole. It's not just about one piece of property and one retailer, which isn't very popular with our residents right now. It's about maintaining the integrity of Coconut Grove, keeping it a nice place to live, and I think it's going to be very important in the future to think about these corridors. You saw the presentation by the planning consultant. We're about to embark on a waterfront plan, as you know. We're about to embark on -- or have embarked on Miami 21. We're seriously considering the Miami community and trying to finally do the right thing with planning and having a well managed city. As someone who has moved to this area from places where they have done civic planning, there's a noticeable difference, and when you use those processes, you can have a really beautiful place. We have that opportunity here. We can't throw that opportunity away by not having the right legislation to protect the Grove. The NCD-3, as it was proposed with the 70,000 square foot limitation, may not be perfect, but at least it takes out some of the hugest of the big box retailers and prevents them from being able to create essentially a wall that blocks our community from the rest of the world through US 1. Please think about that, and I hope that you'll follow Mr. Gibbs' suggestion and vote in favor of the NCD-3 amendment as it was proposed to you by the Planning and Zoning Board and not as it was amended last time. Thank you. Chairman Sanchez: Thank you. Yes, sir. Barry Alberts: Hi. My name is Barry Alberts. My address is 2954 Bridgeport Avenue. Commissioner Winton: Which -- pull your -- pull the mike up, so we can hear you. Mr. Alberts: Bridgeport Avenue. Commissioner Winton: There you go. Mr. Alberts: 1 live right in the dead center of where this is going to be most affected. 1 clearly have a vested interest in what's going to happen here because of the suffering and the adverse effects that will impact me and my fellow residents if this build out that is allowed to occur, and I appeal to the Commission to please give serious consideration to the 70,000 foot square foot build out that was originally on the table. This issue not one of the architecture that we've been going through in various meetings. 1 think the architectural designs have been very, very nice, but that is not what this is all about. This issue is directly -- because of the -- what it's going to do to affect our quality of life here. There's much statistical and empirical statistical data that substantiates what happens when big box build outs happen in communities like ours, and none of them are good. There's a huge additional increase in traffic, devaluation of our homes, noise, garbage, and that's all well documented, and the coming of a Home Depot will result in a nuisance neighbor of the worst dynamic. Quite frankly, what's being offered, although very attractive, is tantamount to putting lipstick on a pig, and when you put lipstick on a pig, you still have a hog with lipstick and nobody wants to kiss it. The owners of the homes in Coconut Grove, especially those of us in Bridgeport, are appealing to you because we really clearly -- I've never seen, in the 15 years I've lived here, so much of a unification of the Grove area, and I was here during the original secession attempts, and it's amazing to see the unity that's going on right now, and I'm appealing, once again, to the Commission to pay attention to the wishes and the City gfMiami Page 143 Printed on 5/26 2005 City Commission Verbatim Minutes April 28, 2005 majority of our community. Hats off to Commissioner Regalado for standing up in earnest to the opposition of this development in the last hearing. Due to the fact that you do have a Home Depot in your district, and sometimes having firsthand knowledge is invaluable. Chairman Sanchez: Thank you. Mr. Alberts: This is supposed to be a representative democracy, and we're hoping that you'll pay attention to what our needs are here. Chairman Sanchez: Sir? Mr. Alberts: There's clearly no Code enforcement -- Chairman Sanchez: Sir -- Commissioner Allen: Sir, your time -- Chairman Sanchez: -- you're about to conclude. Mr. Alberts: There's no -- Chairman Sanchez: Your two minutes are up. Mr. Alberts: I'm going to conclude. Chairman Sanchez: Thank you. Mr. Alberts: There's no Code enforcement in effect, which is clearly evident by what's happening on 8th Street, and the only thing that Home Depot appears to pay attention to is monetary fines, and that's not in place. The bottom line is, the Grove is going to remain galvanized on this because of its -- what it's going to do to us: The traffic slog on our normal access and exits to 27th and 32nd, which is going to result in four and five life cycles for us to get out. The fact that all the residential streets, like Bridgeport, where I live, are going to be forced with unbearable new traffic because people are going to try to figure out ways to get in and out of the Grove. It's going to become unbearable for us. The peripatetic itinerant and illegals -- Chairman Sanchez: Sir, how -- Mr. Alberts: --congregating -- Chairman Sanchez: -- long are you going to take to conclude? I mean -- Commissioner Allen: Right. Mr. Alberts: Thirty seconds. Chairman Sanchez: Come on. Commissioner Allen: Because that issue -- Mr. Alberts: Thirty seconds. Chairman Sanchez: You know. Commissioner Allen: -- was addressed. City ofMiami Page 144 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Mr. Alberts: -- that are going to be congregating for day jobs, and finally, the crime increases as criminal scour looking to get into the contractors' cars and then our neighborhoods; the noise and the loss of our property values, and the final conclusion is the overall diminishing quality of the state of our lives here. I appeal to you all to limit this to 70,000 square feet, and look out for our best interest. Chairman Sanchez: Thank you. Yes, sir. Ted Stahl: My name is Ted Stahl. I live at 2867 Day Avenue. I have been a part of this community for 61 years of my 71-year life span. I have stood before many of these Commissioners and many of you for many times, and every time I have stood before this Commission, I have stood here for the betterment of my community. This is my home. This is our home. You must realize, in the last few months, the amount of signatures that have been gathered; the signage that had been placed in our areas. You know what this community wants. We have entrusted in you to make that decision, and the next comment is directed toward Commissioner Winton. Commissioner Winton -- Commissioner Winton: I thought that one was. Mr. Stahl: -- we have worked very, very hard over the many years to support you. You are our father of this community, and we entrusted in you from the very beginning to make the decisions to make this a better community. Here is a time to strengthen that faith of ours in you and this Commission. Will there be a Home Depot built on this property? Of course, there will be, but there is a possibility that you, at this time, can make the decision to limit the size of this property. We entrust -- and bring back the faith of the people of this community to trust you because that's why you're sitting in the positions that you have. You know what we want. We ask that you at least make a great effort in your hearts to give us what we want. Thank you very much. Chairman Sanchez: Thank you, sir. William Pintzow: My name is William Pintzow. Good morning. Thank you very much for giving us the opportunity to speak today, and I just wanted to take my two minutes -- and they'll only be two minutes -- to reiterate the fact that the great majority of Coconut Grove is -- you already got the idea of what we're in favor of. Even though we have a terrific representation here, we've had over 13,000 signatures. We've had -- the majority of houses have a sign in front of them. The point I'm trying to make to you is, there's no doubt -- there's no argument that could be made that the great majority of Coconut Grove wants to limit the size of the structure that we've been talking about, and 1 got very -- a little depressed when, at the last Commission meeting, you went against the Planning Advisory Board's recommendation of that limit, and I started thinking to myself maybe they forget the Declaration of Independence that when you have the -- when the people -- when the government does not represent the will of the people, the people have a right to change that government. In fact, they have a duty to do that. I don't -- I'm not talking about it as a threat, but I was upset about this, but I think, gentlemen, the eloquence of all the speakers today show that we want our Commissioners to help us have a community that has a great quality of life and perpetuate it. Thank you very much. Chairman Sanchez: Thank you, sir. Doug Daniels: My name is Doug Daniels. I live at 2949 Day Avenue. I'm a six -year resident of the Grove, new property buyer. I'm a first-time home buyer. Unfortunately, my new address is 3110 Bird Avenue, which is directly across from the abandoned Kmart. I do have nightmares at night about what's going to happen here, literal nightmares, but I'm not here to appeal to your sensibilities. The presence of the people in this room should be sufficient for that. Rather, I have a question regarding the rationale of this Commission that occurred at the last meeting City of Miami Page 145 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 considering this issue on the legal basis for assuming that the 70,000 cap cannot apply to pending proposals before the City. Obviously, the 70, 000 foot cap should be reinstated just with respect to the way it affects other single properties in the Grove. However, the assumption that the 70,000 cap cannot apply to a pending regulation, 134,000 square foot proposal already submitted by Home Depot, I would just like this Commission to explain the legal theory behind that. If it's true that they can't be stopped from putting in the 134,000 square foot store, then this Commission's decision was right and proper, because at least now, as Commissioner Winter said -- Winton said, you can negotiate with them. However, under the Constitution, this is a regulation and not a taking, and zoning cannot apply retroactively, but the fact is, Home Depot has a leasehold. They have no vested property right, and Kemco, as the owner of the property, is not being deprived of their property rights because they're only being limited to do what they've been doing before, which is lease a maximum 70,000 square feet, so I would just appreciate if this Commission could discuss with the City Attorney the specific legal basis for the reason why the 70,000 square foot cap cannot apply to the pending application by Home Depot. Thank you. Chairman Sanchez: Thank you, sir. Applause Chairman Sanchez: Once again -- Pastor Rudolph Daniels: Good morning to the Commission and our own Commissioner Winton, and to our community residents. I'm Rudolph Daniels, pastor of Macedonia Missionary Baptist Church, and I'm concerned about our community. I would ask -- they spoke very well of what we -- what our intent is, so I would ask you to please respect and protect the residents and citizens of Coconut Grove. These are -- we are the people who live here. I grew up in the '40s in Coconut Grove, climbing the Coconut trees, in the school of Carver. Stayed out of the Grove 32 years. I'm back in the Grove, living in the parsonage, 3389 Charles Avenue. I'm home. Would like for you to understand that we sincerely care about the historic Coconut Grove. It is our heart. We don't want -- we don't need traffic jams. We need to be able to get in and out of our homes. We need breathing room, so please maintain the beauty of Coconut Grove. Thank you. Chairman Sanchez: Thank you, sir. Applause Chairman Sanchez: Ladies and gentlemen, bear with me. No applause, no waves, no Macarena dances. Marc Sarnoff Good morning. My name is Marc Sanf, and I'm the Chairman of the One Grove Alliance. I'd like to appeal to Commissioner Winton and tell you a little story. My first foray into politics was probably about eight years ago, when a man name Johnny came up to the Center Grove Neighborhood Association, without the Miami Herald in tow, and without any photographers, TV (television) crew members, actually started pulling weeds and cleaning the swales, and he shook my hand and he said, "Hi. My name is Johnny, and I'm going to run for the Commission, and he didn't just come once; he came three other times. Never once did he bring the Miami Herald, or never once did he bring anybody to seek recognition. It is to that man and it is to that cause that I make the appeal that you do what is right for the Grove, and you put in place the 70,000 square foot limitation, as you had proposed. It is the right thing to do. If, in fact, Jeffrey Bercow is right, and if, in fact, he is vested, that is for another day, and that is for another venue, and that is for another jurisdiction, but if, in fact, he is wrong, then let that live as well. We're not here about Home Depot. We're here about our right flank being exposed. You saw an excellent presentation by Mark Alvarez and Tucker Gibbs. How many properties can a Costco or a Wal-mart come into? Put the 70,000 limitation in there. It is the right thing to do. Thank you, Commissioners. City gfMiami Page 146 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Meredith Allen: Hi. My name is Meredith Allen, and I live at 2756 Day Avenue. I basically just want to ask the Commission to -- sorry. I just really want to ask the Commission to work to increase some of the transparency between -- Chairman Sanchez: Could you do me a favor? Ms. Allen: Yes, sir. Chairman Sanchez: Could you state your name for the record and address? Ms. Allen: My name? Chairman Sanchez: Yes. Ms. Allen: Yeah. Meredith Allen, 2756 -- Chairman Sanchez: Thank you. Ms. Allen: -- Day Avenue. Chairman Sanchez: We make her job much, much easier if we do that. Ms. Allen: To increase some of the transparency of some of the processes and meetings. For example, Mr. Winton, 1 think a lot of the community was appreciative of you making the effort to, you know, enter into negotiations with Home Depot, and it may have been something that as -- will benefit us in terms of at least maybe mod5ing the store, et cetera, or whatever, but I feel like -- that having the community have access to those sort of discussions, having access to the information will increase the trust of the people, because I do feel that Miami citizens, in some ways, still have mistrust, even though there's been so many positive changes in the last, you know, 50 years, in terms of governance, and so that's just my -- kind of my call to the Commission to really improve the involvement of the people and allowing us to have more access to the decisions that are being made that are, you know, eventually going to be the things that will impact our daily lives, so that's just all I want to say. Commissioner Allen: Thank you. Chairman Sanchez: Thank you. All right. Commissioner Allen: OK. Mr. Chairman, I'd like to -- Chairman Sanchez: Is that -- let's -- is there anyone else that would -- yes. I'm sorry. Didn't want to leave anybody out. Yvonne McDonald: Good morning, Commissioners. I'm Yvonne McDonald, reside at 3366 Thomas Avenue, life-long resident of Coconut Grove, and 1 would like to also address my comments to Commissioner Winton, specifically, and acknowledge all of the work that he has done specifically in the Village West. Since he's been Commissioner, as it was stated earlier, a lot of things have happened and been accomplished. Just in the past year, we finalized our phase -- NCD phase 11 for the Village West, which was a process that took us over a year and a half to complete, and the Village West right now, the community has changed, and it's growing in such a positive light, and we want to continue that. This was not just done for just a section of the Grove, but it was done to improve the entire community of Coconut Grove, and the emphasis was placed in the area where it needed to be placed, and that was the Village West in Coconut Grove, and now we're talking about the larger community of Coconut Grove through this City ofMiami Page 147 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 NCD-3, which is not just about C-I, but it's about the quality of life for all of the community, and so through the homeowners and tenants association, when this issue about C-1 came to the community, our organization, which is one of the premiere organizations in the entire community of Coconut Grove, took a position that we support limiting the development in C- I to 70,000 square feet, and we wholeheartedly continue to support that, because what we're looking at is the quality and the character of Coconut Grove, which is a jewel in this whole City of Miami, and with Miami 21 now coming on board, we want to make sure that our vision, our vision for the future of Coconut Grove shines brightly in this vision that the Mayor of Miami has through the Miami 21, and so we ask that you reconsider your decision at the last Commission meeting to change the Planning -- Zoning recommendation, and we ask that you go back to the original plan to limit the C-1 to 70,000 square feet. Thank you. Chairman Sanchez: Thank you. I believe we have one more speaker, ma'am. Kitty Terry: My name is Kitty Terry. 1 live at 1896 Tigertail Avenue; otherwise known as the Tigertail Speedway. I'm here on behalf of the Coconut Grove Civic Club. I'm on the board of trustees and I'm speaking for them, as well as for myself and my homeowners' association. Just to make it clear, the Coconut Grove Civic Club did vote unanimously to limit the size to 70,000 square feet, just so that you have that for the record. As I sat here this morning listening to you all talk about predators, it made me think what we all are doing here. I'm in the business of protection. I work with people who have been victims of sexual predators. That is my life. I cancelled all my patients today to come here and do this, like everyone else cancelled everything today, and we just really appreciate you guys listening to us. What I want to say is that because something is legal doesn't mean that it's right. There are many, many things that are legal that are not right, and 1 would like to speak to Johnny directly. Johnny, it is because of my neighborhood, my friends, my husband, and all of us, we put you where you are right today, and you know it, and you should be grateful, and we are very grateful for what you've done for us, but it is time for you to do the right thing. The right thing is to limit the size and take a stand. Remember what you said, very famous quote, 10:30 a.m. this morning, "When you have good information, you can make a rational decision." You have it. It's in your court. Thank you. Commissioner Allen: Mr. -- Chairman Sanchez: All right. Commissioner Allen: Mr. Chairman. Applause Chairman Sanchez: Ladies and gentlemen, you must show decor and professionalism here at City Hall. Commissioner Allen, you're -- Commissioner Allen: Yes. Chairman Sanchez: -- quite welcomed, but I think that -- Commissioner Allen: Yes, Mr. Chairman. Commissioner Winton: Mr. Chairman, I have to take a quick break, so I'll be right back. Chairman Sanchez: OK. Well -- Commissioner Allen: Well, you know, actually, I'd like to have Commissioner Winton here when I ask the question. City gfMiami Page 148 Printed an 5/26'2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: All right. Well, then, 1 think -- Commissioner Allen: So perhaps -- Chairman Sanchez: Does that conclude your presentation, Tucker? Mr. Gibbs: Yes. Chairman Sanchez: It does? Could you state it on the record, sir? Mr. Gibbs: Can I wait to hear from what Ben says? No -- yes, it does conclude our presentation. Chairman Sanchez: Thank you so much, and thank everyone for being so cooperative. Counsel. Ben Fernandez: Well, I'd like to have the benefit of having Commissioner Winton on the dais when -- Commissioner Allen: Right, so -- Mr. B. Fernandez: -- I give my presentation. Chairman Sanchez: All right. Why don't we take a five-minute recess. Are you OK with that? Five minutes. Well be right back. Five minutes. Mr. B. Fernandez: Fine. Commissioner Allen: Yeah, good suggestion, Commissioner Sanchez. Thanks. Chairman Sanchez: All right. Ladies and gentlemen, the City of Miami Commission is back in order after a ten-minute recess, and we'll go ahead and go with the second half, which is the counsel for Home Depot. Sir -- Mr. B. Fernandez: Yes. Chairman Sanchez: -- you're recognized. Mr. B. Fernandez: Thank you. Thank you very much. My name is Ben Fernandez, law office is 200 South Biscayne Boulevard, on behalf of Home Depot. I'd like to just say a few words with respect to some of the legal arguments that were made here this afternoon. First of all, 1 want to bring the focus back to the NCD because I think that the discussion prior to this sort of got out of hand and began to address big boxes across the board. We need to focus on the fact that this is a hearing with respect to an NCD for a specific part of the City. If Mr. Gibbs' intent is to revisit the appropriateness of big boxes throughout the City, then that's an entirely different argument. Another thing 1 think that's important to note is that there was a lot of talk about other areas of the City, 8th Street, Coral Way, Biscayne Boulevard, perhaps, areas that I would tend to disagree with some of the things that I heard. These are areas that are coming back. They're being regentrified. We have a true Eastward Ho taking place now; people moving back into our neighborhoods, and they're getting much nicer. In all of these areas, this Commission has looked at the appropriateness of new development in those areas, and has determined that a Class II Special Permit is the correct mechanism for controlling development along those corridors. In SD-25, SD-23, Coral Way, 8th Street, Biscayne Boulevard, all those corridors, which are just as significant as Coconut Grove, are controlled via the Class 11 Special Permit, not a special exception, and -- we heard two things today. One is, let's try to limit all development on this site to 70,000 square feet. I also heard 50,000. I heard a few things. Then City ofMiami Page NO Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 I heard, well, if you're not going to limit development, at least let's require a special exception for any new development that exceeds 70,000 square feet, any big box, and that simply isn't a requirement that this Commission has found appropriate for any other corridor in the City. Every other corridor controls scale, which all of their arguments are really about scale. They, themselves, at the beginning of this process, confirmed that this isn't about Home Depot. This isn't about the use. This is about the scale of development on the property. Anything of this size -- any retail use of this size is a big box and should be controlled, and now they're arguing that it -- this should be a special exception. Special exception in your Code is meant to address a use, new uses that are different from your typical retail uses. Discount membership warehouses that Mr. Gibbs referred to, it was a novel use at the time. It was a use that was not identified by the Code, and that's why there was a determination of use rendered for that specific type of use. Home Depot isn't a discount membership warehouser. They clearly are not that, and another thing that was misstated on the record is that the BJ site, Pace membership warehouse site, the 8th Street site, which is now a Home Depot, that that originally obtained a special exception for the discount membership that's on the site. That is not the case. To our knowledge, that site never went through the special exception process. What happened was that there was a determination of use rendered by your then Planning Director, which deemed that the use was a permitted use within the C-1 restricted commercial zoning district, and then they got it approved. Subsequently, when the determination of use was incorporated into your City co -- into your zoning ordinance, there was a special exception requirement added at that time, but the actual property did not go through the special exception requirement. Furthermore, and more significantly, when Home Depot moved into the site years later, we met with the City and the City determined, at that time, that there was no special exception requirement; that this wasn't a discount membership warehouser, and the Home Depot that's there now, it was permitted as of right on the site. That's just to correct the record, but -- and I just want to address the legal argument about special exception here. The special exception is not a tool that has been used in the past to regulate big box retailers or any form of retailer. It's all about -- it's not about scale; it's about use, and this is an argument that they are making that concerns scale. To control scale, the Class 11 Special Permit is the correct instrument to use, and we would ask you to uphold your ordinance, as amended on first reading; require the Class II Special Permit. We're prepared to move forward with a plan, based on the Class II Special Permit requirement, and we're here to answer any questions that you have. Commissioner Allen: Thank you. Chairman Sanchez: All right. Is -- does that conclude your presentation, counsel? Mr. B. Fernandez: Yes, it does. Chairman Sanchez: Do you have anyone else testifying on your behalf? Mr. B. Fernandez: No, 1 don't. Chairman Sanchez: All right. There is no right for rebuttal. This is legislative, not quasi judicional [sic]. Tucker, I could see you're getting ready over there. I'm one step ahead of you. Mr. Gibbs: Always could try. Chairman Sanchez: All right, so the public has had an opportunity, and therefore, we go to the Commission. Commissioner -- Commissioner Allen: Mr. Chair. Chairman Sanchez: -- Winton. City ofMiami Page 150 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: Yeah. I had asked -- Chairman Sanchez: We'll go with -- Commissioner Allen: -- to speak, so -- Chairman Sanchez: I'll ask -- yes, sir. Commissioner Allen, and then we'll go with -- Commissioner Allen: Yeah. I'm going to withdraw and defer to Commissioner Winton. I would -- just wanted to say that I remember last time we discussed this item, I thought that Commissioner Winton did a great job in trying to reach a compromise, so having said that, I'll just now defer to Commissioner Winton. Chairman Sanchez: Commissioner Winton, you're recognized. Commissioner Winton: Thank you. Its interesting here because we're in not a simple position -- and I'm going to ask the City Attorney a few questions -- because there's really -- there's a primary issue in front of us today that's a real agenda item, which is NCD-3 -- Commissioner Allen: Um-hmm. Chairman Sanchez: Yep. Commissioner Winton: -- not Home Depot, and that's the real discussion point, and lost in that discussion point -- and I want to point out a few things about NCD-3 that I think are very positive for the Grove, but NCD-3, kind of in terms of key elements, is going to require additional notice to Coconut Grove associations for special exceptions and variances. That's one of the attributes of this whole NCD-3 Code that's an overlay of the entire Coconut Grove area. We're modifying setbacks, setback regulations as it relates to new single-family home building in the Grove, specifically to prevent these damn McMansions that are being built all over the place. We're increasing the amount of green space required for new construction. We're changing what people can do relative to fences in the Grove. There will be no more cookie -cutter designs allowed, so that these developers that are buying sites and breaking them up into multiple sites and building four of the same damn thing one right after the other isn't going to happen any longer. We're not going to allow replotting, which will destroy natural features. The idea of being able to buy, in many instances, relatively small single-family sites and tearing down a nice house, and breaking then a relatively small site into two smaller sites and building two single-family homes, that's going to go away in this NCD-3 issue. We're designing flexible setbacks actually into the Code so that we can do more things to preserve trees, so that if a tree is in -- if you have an inflexible setback thing and they're building a new house and the tree's in the way, the developer is motivated even more to cut down a tree, and we don't want the trees cut down, and as -- and I don't know if you all know, and for those of you who don't, I guess it was a month ago or month and a half ago, or three weeks ago, whatever the time frame was, we passed one of the strongest tree ordinances in the entire state of Florida, so we're working to cure a lot of the things that all of us are very concerned about in the Grove, and then it brings us -- so that's what this ordinance is about, and the idea in the ordinance to limit size in all the C-1 districts to 70,000 square feet is absolutely, in my mind, rational and right. I think it is the right thing to do. I think the elements that Tucker has suggested we amend the NCD-3 ordinance and include are things that I would be more than happy to add into the Code, moving it forward, and -- but as Michelle said, I'm not going to stop the whole ordinance process in its tracks because these things are out there right now, and so we need to move it forward, but we do need to make adjustments, I think, and modifications to this ordinance, which I will bring back maybe at the very next Commission meeting if we can get it put together. That's NCD-3. Y'all aren't really here for NCD-3. You're here for Home Depot. That's a different issue. Mr. City Attorney, and I asked you this question at the -- and let me back -- well, I was City gfMiami Page 151 Primed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 going to try to respond to a couple of direct questions, but I don't think I was going to respond appropriately, so 1 should probably skip that part. Home Depot and the site at Bird Avenue and 32nd, Home Depot -- is it true that Home Depot has submitted a set of drawings into the City to build a classic suburban store on that site? Jorge L. Fernandez (City Attorney): You would need to ask staff who would know that. That's not under my control. Chairman Sanchez: Staff. Orlando Toledo: Orlando Toledo, Zoning Administrator. Yes, they have. Commissioner Winton: Does that set ofdrawings include a grocery store? Mr. Toledo: Yes, they do. Commissioner Winton: And 1 guess that -- no, no, no. They -- Mr. Toledo: No. The first one, no, they don't. Commissioner Winton: Doesn't include a grocery store. Mr. Toledo: No, they don't. Commissioner Winton: Because if I got this correct, this was the model that is before the City right now. Mr. Toledo: Right. Mr. Gibbs: That's the one. Commissioner Winton: This is the model, and the new store backs up to Bird Avenue and fronts US I. Mr. Toledo: Yes, it does. Commissioner Winton: Mr. City Attorney. Mr. Fernandez: Yes. Commissioner Winton: Do we have a right in our Code to block this development? Mr. Fernandez: No. Commissioner Winton: Why? Mr. Fernandez: Because you -- your own ordinance provides that if there is an application complete in place, they're entitled to proceed under the existing regulations, and under the existing regulation in C-1, it is a permitted use. Commissioner Winton: But there's been an argument made, certainly by the professional side of this group, that our current C-1 Zoning Code could, in fact, allow us to limit size to 70,000, I think was the argument. I don't mind. Tucker, please. Mr. Fernandez.: No. City of Miami Page 152 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Mr. Gibbs: I'll just state it quickly. I think what we're saying is that your current ordinance does not permit a Home Depot. It only permits a membership merchandise. Commissioner Winton: OK, thank you. Mr. Gibbs: That was our position. Commissioner Winton: So, Mr. City Attorney, would you answer that point? Mr. Fernandez: Interesting opinion. That's all I have to say about it. Mr. B. Fernandez: Can I answer that? Commissioner Winton: No, you cannot. Chairman Sanchez: No, and all questions must go through the Chair. Commissioner Winton: In your opinion -- Chairman Sanchez: Lets try to keep some decor. Mr. Fernandez: And Mr. Chairman -- Commissioner Winton: Yes, sir. Mr. Fernandez: As you well noted earlier, this is a legislative -- Chairman Sanchez: Exactly. Mr. Fernandez: -- process, and I'd be very happy to answer any question that the Commission -- Chairman Sanchez: Commission. Mr. Fernandez: -- directs to me, but I think it's inappropriate for anyone else to be participating in your debate. Commissioner Winton: I guess I was (UNINTELLIGIBLE). Chairman Sanchez: So -- Commissioner Winton: And my apologies, sir. I caused that, so -- Chairman Sanchez: Please. Commissioner Winton: I caused that interruption. Chairman Sanchez: Please. Commissioner Winton: Mr. City Attorney. Mr. Fernandez: Yes, sir. Commissioner Winton: Now, given all of that, I want to understand again, clearly from you, in your opinion, as the person that we've hired to represent us at our City, period, and the citizens City gfMiami Page 153 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 of our community, is there any way that we can stop, with any action we take today, Home Depot from building this store -- Mr. Fernandez:: No. Commissioner Winton: -- which is the store that the staff just put on record, the plans that are in front of the City today? Mr. Fernandez: No. Commissioner Winton: You all did elect me. I ran on a platform of providing leadership to this community. I ran on a platform of trying to bring a business -like environment to this Commission, which you all know you didn't think existed before and hadn't existed for a long time, and / made a commitment that I may not always get it right, but I would do everything in my power to get as much information as I could get and make the right decision for our community. Do you know what the politically, expedient decision would be for me today? Kitty, you put me in office? By the way, I would like to point out that District 2 is a lot more than Coconut Grove. It's a very large, diverse and complex district, and I received significant support from all the areas in my district, and my pledge was to represent the citizens of my entire district, but the easy thing for me to do today -- because everybody's pointing their finger at me and saying, "You've got to do what we're telling you to do." The hell -- why wouldn't 1 do that? Why wouldn't 1 cave in and just say, to hell with the law, to hell with our Code; do what you want me to do, and if I do what you want me to do, this is what we're going to get, and some people are shaking their head here and thinking, "No, there may be another way." You know, I don't know what it is. The risk that / have to take today is that I am the one elected to make the decisions on behalf of all the citizens, and if I make the wrong decision today and this gets built, this gets built, are you kidding me? You're suggesting that this is what we want in this community? I don't care about Home Depot. I don't care if we have a Home Depot within 20 miles of here. I do care about whether or not we make the right decision today to not let this happen, so Mr. City Attorney, I need some more help because we do have a real quandary here. The NCD-3 ordinance that we're passing, where, at the last Commission meeting, I lifted the 70,000 square foot lid -- Commissioner Allen: Right. Commissioner Winton: -- is the wrong thing to do for the ordinance as a whole. It's the wrong thing to do for the ordinance as a whole, but you are the one who said, if I leave the lid in place, then Home Depot cannot build the store that I've been negotiating with them to get built in the Grove that would work a hundred light years better than this would work. Did you not say that? Mr. Fernandez: Yes, because -- and that is couched in the context that Home Depot is very Amenable, from both what you have told me and what they have represented to me, to be very flexible and accommodating with regard to additional conditions that are being imposed on them through the review process, which having this ordinance that was passed on first reading, still not passed -- its not effective yet, because it needs to have a second reading -- will maintain that level of pressure, but notwithstanding that statement of mine to you, I also categorically stated that if they have perfected an application under the existing C-1 district, and the zoning administrator has testified that they have, they're entitled to build plans as submitted, and in fact, as have been permitted. Commissioner Winton: And let me add -- then with that statement -- and 1 want to actually address one comment that the young lady sitting here in the pink shirt made when she was asking about open process. Open process is a part of our law -- sunshine law when we're talking together. Open process is a process that we follow. Do we get it right all the time? Heck, no, never get it right all the time, but the Code says we need to have an open process when we're City of Miami Page 154 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 doing planning things to change Code, to rezone, those -- some of those things that we sometimes mess up, but this is -- the situation here is a private tenant on private property. I don't have to be at the table with them. They don't necessarily have to come to the table to meet with me, and 1 can guarantee you that if it were an open process, they wouldn't come to the table. That's the reason it hasn't been an open process. They have no obligation to be involved in an open process. They wouldn't have come to the table to begin the negotiation had 1 not said that this is a conversation between us, so that's how we got where I am, and I have been negotiating with Home Depot for the past three or four months, and in my very first meeting with Home Depot, I walked into that meeting absolutely telling them, if they try to build a store like the one on Southwest 8th Street, 1 will fight them with everything I've got, knowing that I didn't have a lot, but you know what 1 had? I had you all. You all were making a lot of noise out there; they understood all that noise, and they were willing to come to the table. Now, we've since negotiated a whole series of things, which I think make this Home Depot store work for our community. I don't know if you want me to go into it or not today, we're going -- I'm going to get information out to you about it so that you have a very clear understanding of what it is. I don't think that's the crucial point right now. The crucial point that we have to figure out, Mr. City Attorney, is how -- and I'!l back up a step, just so you all are crystal clear on this. You did elect me to make tough decisions, and I'm not afraid to make tough decisions, and everyone in this room may hate me after this decision, but it is going to be my decision because I think, in the long term, it is, in fact, the only right decision we have right now, and that decision is some way or another -- and I don't know exactly how it is yet, but I'm going to work something out so that we are not at risk of having this built in the Grove, and so that we can get -- whether anyone likes the Key West -style architectural store that keeps the Milam's there or not, we're going to get that, and I'm telling you right now, I'm going to do something that makes that happen because I'm not going to live -- 1'm not going to have on my conscience long-term that I had the ability to make a tough decision, when everybody was yelling at me and 1 caved in because they thought that maybe there was some way we could win this battle, when our City Attorney is saying we can't. That would be on my conscience. I'm not going to live with it, but I need help here a lot. We want to pass the NCD-3 ordinance today, and I'm willing to pass it with modifications that don't require it to go back for a second reading. We do want to bring new modifications to the NCD-3 ordinance as fast as we can to solve the issue related to all the other C-1 sites. Help me, but 1 don't want to lock this thing up so 1 can guarantee you you can get this. Mr. Fernandez: Mr. Chairman, Commissioner Winton, your options today with regard to the legislative item that you have in front of you are as follows: What you have in front of you is what passed on first reading. It was advertised for second reading, just as you had approved on first reading, which was 55. Anything above 55 requires a special class permit, Class II permit. Commissioner Allen: Class 1I. Mr. Fernandez: Right. The -- in order for you to have successful and effective ordinance, you would have to pass just what has been advertised and is in front of you. If you make any changes to this, like raising it to 70, then it goes back to being a first reading. If you make additional changes, such as inserting the element of a special exception, then not only does it have to go back to a first reading; it has to go back to the Planning -- that's right, to the Board, to the PAB, and so those are the two major considerations that were proposed to you. From a substantive and from a policy perspective, they're viable; good arguments were made, and it is within the prerogative of this Commission to do that, but procedurally, you need to know that your options today are pass the item that's in front of you, as it has been advertised, because making a modification of increasing it to 70 exceeds the limitations of advertising, and would require that then that be considered a first reading, and -- or alternatively -- Commissioner Winton: Which would send it all the way back. Mr. Fernandez:: -- pass it in second -- pass it, make it effective on second reading, and then have City ojMiami Page 155 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 it come back with an amendment, at a future time, but then such amendment will have to be subject to two separate readings also. Commissioner Winton: Let me ask you a different question then. You've opined that because Home Depot has their plans in place, this store can be built now. If we were contemplating moving a process -- back up a step. Let's say that we pass the NCD-3 ordinance, as we passed it two weeks ago, a month ago, or whatever it was. Chairman Sanchez: On first reading. Commissioner Winton: On first reading. Commissioner Allen: First reading. Mr. Fernandez.: Right. Commissioner Winton: Pass that today, and we immediately begin to bring the new language to modify the overall ordinance to protect all the rest of the C-1 areas and brought that forward quickly, at what point could Home Depot submit plans for the new model that would give them the same protection that this model has given them? Mr. Fernandez: Well -- Commissioner Winton: Here's what I'm trying to do. If1 can get them in the new model by right, then they will abandon this model, and we can move as fast as possible to get the NCD-3 rewritten the right way, and 1-- and that's the best win I can think of so at what point would they have rights -- Chairman Sanchez: To build -- Commissioner Winton: -- that are in place before we adopted the ordinance? At what point could we do -- do you understand what I'm asking? Ms. Slazyk: Yes, I do. Commissioner Allen: Yeah. Ms. Slazyk: This ordinance was advertised with an immediate effective date -- Commissioner Allen: Effective date, right. Ms. Slazyk: -- which means that -- Commissioner Winton: But that's OK. I'm -- Ms. Slazyk: -- starting tomorrow, they would need a Class 11. Commissioner Winton: I understand this ordinance; I'm talking about the modification. The ordinance that we have in place today absolutely does not protect all the rest of our C-1 as we move forward; it doesn't protect it. Ms. Slazyk: Right. Commissioner Winton: The 70,000 square foot limit does, and 1 want to put that back in place, but if I put it -- City of Miami Page 156 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Slazyk: July. Commissioner Winton: -- in place immediately, then they will abandon all thought about building the right kind of -- or the best kind that we can get store from Home Depot -- Commissioner Allen: Right. Commissioner Winton: -- and stick with this plan. I'm trying to create -- Commissioner Allen: Right. Commissioner Winton: -- a mechanism whereby they could get, by right -- Commissioner Allen: Right. Commissioner Winton: -- to build the new model, if they got it in place before the new -- before a revised NCD-3 could go into -- What's the soonest time frame a new NCD-3 could go into place, a modification of our existing NCD-3 that we would pass today? What's the soonest that could happen? Ms. Slazyk: OK. The modification that you have before you today -- Commissioner Winton: No -- Ms. Slazyk: -- would go into effect tomorrow. If you -- Commissioner Winton: I understand -- Ms. Slazyk: -- want to scrap that and write a new one -- Commissioner Winton: No. Lourdes, Lourdes, Lourdes, no. Ms. Slazyk: Three months. Commissioner Winton: Listen. Please, listen. Chairman Sanchez: Three months? Ms. Slazyk: Yeah. Commissioner Winton: Passing what we pass today -- Commissioner Allen: Right. It would -- Commissioner Winton: What we pass today isn't -- it leaves out a crucial element, so we want to modify it again later. I don't want to abandon everything and start all over. We got all these issues here. Commissioner Allen: Right. Chairman Sanchez: We would have to -- Commissioner Winton: I don't want them to build this store. I want to pass what we've got today, then I want to start immediately on the process to modify again. City of Miami Page 157 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Slazyk: Yes. Commissioner Winton: How quickly -- Ms. Slazyk: It could be back -- Commissioner Winton: -- get -- Mr. Fernandez: Two, three months. Commissioner Allen: Wait, wait. Commissioner Winton: -- fully adopted? Ms. Slazyk: Second reading, July. Commissioner Allen: Mr. Chairman -- yeah. Could I make a suggestion -- Ms. Slazyk: Second reading, July. Commissioner Allen: -- to help -- Ms. Slazyk: But the thing is that if what -- Commissioner Allen: I'm sorry. Ms. Slazyk: -- you pass today requires a Class II -- Commissioner Allen: Right. Ms. Slazyk: -- they can't do it by right. Commissioner Allen: Yeah. Ms. Slazyk: That's what I'm trying -- Commissioner Allen: Exactly. Ms. Slazyk: -- to say. Commissioner Allen: Right. Ms. Slazyk: Today's ordinance requires a Class II for anything over 55,000 square feet, and it's effective tomorrow -- Commissioner Allen: Right. Ms. Slazyk: -- which means that if Home Depot wants -- Commissioner Winton: But listen, I don't -- in the new design -- Ms. Slazyk: Right, July. Commissioner Winton: -- I don't care what the -- I don't care. Let me see. Regardless of what condition -- I don't think Home Depot, and certainly, I am not afraid of, in the new store model, City ofMiami Page 158 Printed on 5,26/2005 City Commission Verbatim Minutes April 28, 2005 for them to be required to come back before the public again. I'm not opposed to that. I think that's a good idea. Ms. Slazyk: Yeah. Commissioner Winton: I think that's an appropriate idea, so I'm not trying to keep Home Depot out from in front of the public in their new store. I think they ought to have to do that, so that's not my issue. I'm trying to figure out -- Ms. Slazyk: Then it's July. Commissioner Winton: July. Ms. Slazyk: The new -- yeah. Because if we take an ordinance putting the 70,000 square foot cap back in to PAB in May, it would be first reading Commission in June -- Commissioner Allen: Right. Ms. Slazyk: -- second reading, July. Commissioner Allen: Yeah, second reading, right. Commissioner Winton: OK, good. Commissioner Allen: Right. Commissioner Winton: But if -- OK, so let me ask one final question, maybe it's to both of you, I don't know. Then if you're saying that -- Now, did you say second reading is in July? Commissioner Allen: Second reading would be in July. Commissioner Winton: Second reading would be in July? Commissioner Allen: Assuming a first reading based on this new characterization. Commissioner Winton: OK. OK, let's -- let me accept that for the moment because it doesn't matter what the date is. It -- this -- Here's the -- Mr. City Attorney, or -- Mr. Fernandez: Yes. Commissioner Winton: -- Madam Planning Director, I don't know which of you -- Mr. Fernandez: Yes. Commissioner Winton: -- have to answer this question. Let's say, for the sake of conversation, it is July second reading; that's when the revised NCD-3 that has all the things that -- Commissioner Allen: Correct. Commissioner Winton: -- Tucker suggested we put in, and we get all those right things in there. If Home Depot submitted an application to build the new store, and it would fall under our current Code, you're saying -- Ms. Slazyk: Correct. City of Miami Page 159 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Winton: -- but the current Code doesn't have the 70,000 square foot cap on it -- Ms. Slazyk: Correct, it does not. Commissioner Winton: -- so they would be subject to the new Class II permit provisions. Ms. Slazyk: Correct. Commissioner Winton: Well, that's -- Commissioner Allen: Right. Commissioner Winton: -- a good thing, so -- Commissioner Allen: Right. Commissioner Winton: -- if they submitted complete plans to the City before July I for the new store model -- Ms. Slazyk: Correct. Commissioner Winton: -- they could build -- potentially build that new store model and not be subject to the 70,000 square foot cap -- Mr. Fernandez.: Correct. Ms. Slazyk: Correct. Commissioner Allen: Right. Mr. Fernandez: Correct. Commissioner Winton: -- which would encourage them to build the new store model. Commissioner Allen: Right. Commissioner Winton: They would, however, be subject to the Class II permit. Commissioner Allen: Correct. Mr. Fernandez: They would. Commissioner Winton: So, if they got the plans in, that would work. Commissioner Allen: Correct. Commissioner Winton: I got it, then. Commissioner Allen: Correct. Ms. Slazyk: OK. Commissioner Winton: That's where we're going. Commissioner Allen: OK. City of Miami Page 160 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: All right, but be -- listen, for the purpose of discussion, we're going to need a maker -- make a motion and a second Commissioner Winton: I -- Mr. Fernandez: I would -- I -- Commissioner Allen: OK. Chairman Sanchez: Or only questions to staff so -- Commissioner Winton: I'm going to have two motions. Commissioner Allen: Right. Chairman Sanchez: All right. Well, it'll be motion separate, so we'll -- go ahead, present your first motion, and we'll open it for the purpose of discussion -- Commissioner Winton: OK. The first -- Chairman Sanchez: -- and then, you'll present the second motion. Commissioner Winton: The first motion is to accept staff recommendation on the adoption, on second reading, of the NCD-3 ordinance, as it was created, or as we passed it on first reading. Chairman Sanchez: On first reading. Commissioner Allen: First reading. Chairman Sanchez: All right. Commissioner Winton: That's my first motion. Chairman Sanchez: All right. Commissioner Allen: Correct. Chairman Sanchez: There's a motion to pass the ordinance on second reading as the original first reading. Is there a second? Vice Chairman Gonzalez: Second. Mr. Fernandez: And to make -- Chairman Sanchez: Second for the purpose -- Commissioner Allen: Wait. Chairman Sanchez: -- of discussion. Mr. Fernandez: And to make the record clear, as the title says, with an immediate effective date. Commissioner Allen:: Immediate effective date. That needs to be -- right. City of Miami Page 161 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: As stated on the record. Commissioner Winton: I'm -- Mr. Fernandez: Yes. Commissioner Allen: Right. Chairman Sanchez: So there's a motion and a second. Now it is open for discussion. Commissioner Regalado. Commissioner Regalado: Thank you. Commissioner Winton has presented a very intelligent plan, but since I'm not that intelligent -- I'm a very simple person -- I have two questions, maybe for the staff and it doesn't have to do anything with the Zoning Code; it's just a matter of timing. If Home Depot, which we are discussing here, although, it doesn't -- it's not on the agenda -- if Home Depot did present a plan to build one of those ugly big box, I remember that it was said that it was 130,000 square feet, the original plan. Commissioner Winton: I think it's 135. Commissioner Regalado: 135. Commissioner Allen: 135. Commissioner Regalado: Right. Now -- Commissioner Winton: With no grocery store. Commissioner Regalado: With no grocery store. Now, my question is, if Milam's Market has a lease for several more years, how they going to evict the market to build 135, 000 feet? If it doesn't fit, they have to quit, like the famous phrase in the trial of O.J. (Orenthal James), so Ijust don't understand. Kmart does not have 135,000 square feet. Milam's still have a lease for several years, and my understanding is next four years. How is it possible for them to use the old plans to get away with all these ordinance if we ever -- like in the past, we thought about the 70,000 square feet, so can anybody answer that question because -- Mr. Fernandez: Well -- Commissioner Regalado: -- I -- Mr. Fernandez: -- again, if you do your opening up to the public for their input and participation -- Commissioner Regalado: No, no, no, no. I'm asking the staff. Mr. Fernandez: Oh, for staff? Commissioner Regalado: No, no. I'm asking the staff. Mr. Fernandez: I don't know that staff is privy to the negotiations between the parties, but in the American economy, the dollar talks. Commissioner Regalado: Well, then you are assuming that they will try to buy the lease, but how about -- City ofMiami Page 162 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Vice Chairman Gonzalez: Right. Commissioner Regalado: -- if they don't? Mr. Fernandez: Well -- Commissioner Regalado: Then they are stuck with a plan that cannot be implemented because it doesn't fit. Mr. Fernandez: We have so much to worry about that we don't worry about the plan -- the developer's problems. Commissioner Regalado: Well -- Mr. Fernandez: The developer clearly -- Commissioner Regalado: I mean, but I -- Mr. Fernandez.: -- has to have a footprint large enough to accommodate that which is in their plans and has been permitted. If they are unable or unsuccessful in pulling that together, then there is no building. Then it's a nullity, but I don't know that, you know. I cannot speak for the developer. I care not to speak for the developer, and -- but, clearly, it's their problem, not ours. Commissioner Regalado: I'm just curious because it doesn't make sense. It's something that doesn't make sense, and you know, I -- that was my only question, and other than -- Chairman Sanchez: All right. Commissioner Allen: OK. Chairman Sanchez: Any other questions on that? Commissioner Allen: No. Just -- Chairman Sanchez: Commissioner Allen. Commissioner Allen: 1 guess only, Mr. Chairman, and I guess, Commissioner Winton, with respect to a clarification. You mentioned two motions. We would have to vote first on the first motion before (UNINTELLIGIBLE), so having said that, we did get a second. Chairman Sanchez: As the Chair, I speak last, and as -- Commissioner Allen: Yeah. Chairman Sanchez: -- the gentleman stated, I don't think anybody here wants to put lipstick on the pig. It's very simple. The law that's already in place, whether you dis -- you know, you don't agree with it, and you could take it to a different day, a different venue, different jurisdiction, the law that's in place right now, if it was in place, what we're asking for today, we would not be here because Home Depot could not have been there, period, but based on the laws, and we are a nation of laws, and we may not agree with all the laws that are on the books. We may not agree on all the laws that are on our books here in the City, and we're doing a lot to try to change them, because you know what? At times, they do more harm than good. This legislation that's put forth today, I think that, first of all, it's in the right direction. Second, Commissioner Winton, who I have the outmost [sic] respect for, has been under a lot of pressure, and you know what? There's a lot of politicians out here that will grab that stick and political grandstand, and City of Miami Page 163 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 they're a dime a dozen out there, but when it comes to the law, we must obey the laws, whether we like them or not, and therefore, the right path to take here is the path that, one, we must all come to the table, and go to the table, and if we don't agree, there's due process in this great nation of ours, which we'll have another day at court; we'll have another venue; we'll have another jurisdiction, and everyone is -- everybody's entitled to that, but the thing here is that, after defining all the things that could possibly happen, you're doing something now that basically allows you the opportunity to have a negotiating tool on your side because you're able to sit down whoever -- and I don't want to use the name. I think they've had free publicity enough, because we continue to use their names, but to sit down, and through the process, work something that, at the end of the day, we may some agree and we may not agree, but I'll tell you this much, if they did what they wanted to do and they put what they wanted to put there, it would have been horrible, so the thing to do now is to try to work it out with the laws that are under our books and the leadership that we have here to try to work something out, because if we vote against it and we vote it down, we're going to end up in a situation where, one, they're going to go out there and they're going to do it, so now, basically, the designs -- we have an opportunity on Class II for designs. The conditions that you put forth, Tucker, that you put on the record are so important to your arguments that those conditions I support 100 percent, not only should they be applied, but they are very reasonable to make sure that we don't continue to do projects and stuff like that that have been detrimental and have caused great communities to gone backwards. I'll tell you what I do implore. 1 implore [sic] each and every one of you for taking time, united to preserve your neighborhood and work hard to make your neighborhood a great place. If we had individuals like you throughout the entire City, not just Coconut Grove, this City will be a much better place for all of us, so you know what? We're going to make decisions you may not like, and there are those that says, hey, you know, you don't vote for us once. We can't be a society of one issue. I think this Commission has supported you 99.9 percent of the time. Maybe there's one issue you don't agree with them 100 percent, but you know what? At the end of the day, he's going to make that best decision that he could make, and we cannot be a society of one issue. It destroys democracy. It destroys humankind, and it destroys the government that we all work for together, and we work for you. We realize that, but at the end of the day, I think that through the process that exists now, we're going to be able to move forward through the art of compromising, so having said that as the Chair, no further discussion on the item. All in favor, say "aye." Priscilla A. Thompson (City Clerk): Sir -- Chairman Sanchez: Anyone in opposition -- Ms. Thompson: It's an ordinance. Commissioner Winton: Ordinance. Chairman Sanchez: Oh, I apologize. Mr. City Attorney, read the ordinance on second reading for the record, and Madam Clerk, a roll call. Mr. Fernandez: Yes, this is Item 21. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Roll call. Chairman Sanchez: Roll call, Madam Clerk. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: No. CUy ofMiami Page 164 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Thompson: Commissioner Allen? Commissioner Allen: Aye. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Vice Chair -- I'm sorry, Chairman Sanchez? Chairman Sanchez: Yes, ma'am. Ms. Thompson: The ordinance has been adopted on second reading, 4/1. Commissioner Winton: Now -- Chairman Sanchez: Commissioner Winton, you have -- Commissioner Winton: Yes. Chairman Sanchez: -- another -- Commissioner Winton: And two things -- Chairman Sanchez: -- motion. Commissioner Winton: -- before I move to the second ordinance, I want to say a couple of things. Mr. Fernandez: Second motion. Commissioner Winton: In this process, and someone said it, I have been personally attacked. My integrity's been questioned, and my integrity has never been questioned in my entire damned life, and if you all sitting out there think I'm happy about that, you're dead wrong; it infuriates me. I grew up in a neighborhood where, when people attack your integrity, you punched them in the nose, and that's how I grew up. I grew up punching people in the nose. People punched me back in the nose, and that's how we settled those kind of things. I can't punch people in the nose anymore, probably get my rear end kicked anyhow because I'm getting too old, but I can't do that. I've had many sleepless nights over this issue trying to figure out the right thing to do, and also some sleepless nights thinking about the personal attacks on me, and last night, 1 stayed up most of the night preparing a bunch of comments, and I was going to counterattack, and Sue Billig came up to me this morning, and Sue says, "Johnny, I hope you're going to take the high road I hope you're not going to respond to the people that you think might be personally attacking you," and so, I threw them out. Thank you, Sue, because she was absolutely right. You all will see this soon. It's on the internet, and I'm going to read it to you. 1 don't know who put it on there, but it says, "Yes, it's actually illegal to say, 'lfyou vote for this bill, 1 will give $100,000 to your campaign.' That's bribery. It's not bribery, however, to say, 'Here's a generous donation to your campaign, and by the way, I'd like to take you out to lunch and tell you what I think about this bill, which I'm sure you are predisposed to support.' -- Seth Gordon, January 9, 2004, " and there's Seth Gordon's picture and my picture, and somebody City of Miami Page 165 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 superimposed -- made my arm shorter, superimposed a suit that I don't own, and probably a suit that Seth doesn't own, and put a Home Depot sticker on it. Seth went on the Internet and typed in some of these words, Googled in the words, and found that this quote exists, and it exists from some guy in Massachusetts who is reading the quote from someone else, and the Seth Gordon was from Massachusetts back in this time, 2004. It wasn't Seth Gordon, wasn't me, but that's what somebody's decided. I'm not happy about this. I think it's a bunch of baloney, and so, my final point about it. Someone else wrote a memo, an e-mail (electronic mail) to the Mayor, and said, "How much money is the Mayor and Johnny Winton getting to put in their pocket from Home Depot. I'm going to turn you people in, " and to each and every single one of you, I would suggest that if you have the least, least, smallest, smallest, little piece of evidence that I've taken anything from anybody, at any time, about anything that's ever come before this Commission, please, it's your obligation, not your right, your obligation to take it to the State Attorney, and I believe very strongly that crooked politicians ought to go to jail. I've said it from day one; I'll say it forever, and if I ever become one of those crooked politicians, I deserve to go to jail, so I've you've got -- if you have any information, please give it to the State Attorney. Chairman Sanchez: Your second motion. Commissioner Winton: Second motion. Commissioner Allen: That's -- Chairman Sanchez: All right. Commissioner Winton: Second motion. Chairman Sanchez: Sir. Unidentified Speaker: (UNINTELLIGIBLE) democracy (UNINTELLIGIBLE). Chairman Sanchez: Sir -- Unidentified Speaker: Thank you. Chairman Sanchez: -- you're out of order. Have a good day. All right. Is there a second motion? Commissioner Winton: Yes. Chairman Sanchez: Commissioner Winton, you're recognized for a second motion. Commissioner Winton: The second motion is -- and, Mr. City Attorney, you might guide me here also because I think I need a little help from Tucker. Mr. Fernandez: Sure. Commissioner Winton: Is that all right? Mr. Fernandez.: Of course. Commissioner Winton: Well -- Mr. Fernandez: You've concluded your item. Now you're -- Commissioner Winton: Oh, you know, maybe 1 don't. City of Miami Page 166 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Mr. Fernandez: And besides that, he's not a bad guy. Commissioner Winton: I think I won't because what we're going to do -- Mr. Fernandez: He's not good, either, but -- Commissioner Winton: I think the motion that I'm going to pass is to direct the staff to meet with Tucker and the other experts that he's got and begin to draft a modification to the NCD-3 ordinance that includes, essentially, all of the points -- and you all can debate it. I don't mind that; a little friendly debate about whether or not these are all rational points -- but to include all the rational points that Tucker suggested into a modification of the current NCD-3, to come back to us, hopefully, by -- in first reading by June. Commissioner Allen: June. Mr. Fernandez: Yes, and we can do that, and what we will do is we will make sure that we would put through our existing regulations and all the other codes, every item that he suggested, which are reasonable, of course, and then we will bring them to you. If we concur, we will bring them to you as they are. If there is an alternative for you to consider, then we will bring those options to you. Commissioner Winton: OK, great. Great. That's my motion. Chairman Sanchez: All right. There's a motion. Is there a second? Vice Chairman Gonzalez: I'll second it. Chairman Sanchez: All right. There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez, for the purpose of discussion. Any discussion on the item? If not, it's a motion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Unanimously, unanimously? Commissioner Regalado: Yeah. Commissioner Winton: Unanimously. Commissioner Allen: Unanimous. Chairman Sanchez: All right. We're going to be back at 2:30; 2:30, the first item we're bringing up is public hearing, so Barbara, and let's have the interpreter here. Thank you so much, ladies and gentlemen. Adrienne Pardo: Are you doing any continuances now? Commissioner Allen: No. PZ.22 04-01438 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE First Reading City of Miami Page 167 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 244 AND 252 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01438 Analysis.PDF 04-01438 Land Use Map.pdf 04-01438 Aerial Map.pdf 04-01438 PAB Reso.PDF 04-01438 Application & Supporting Docs.PDF 04-01438 Legislation.PDF 04-01438 Exhibit A.PDF 04-01438 FR Fact Sheet 04-28-05.pdf REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 244 and 252 SW 6th Street APPLICANT(S): Neo Holdings, Inc.; Legacy Asset Holders, Inc.; Tavmar Investments, LC; Mahlberg Investment Holdings, Inc. and Ibiza Properties, Owners APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 1, 2004 by a vote of 5-2. See companion File ID 04-01438a. PURPOSE: This will change the above properties to Restricted Commercial. CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to continue Items PZ.22 and 23 to the Commission meeting currently scheduled for June 23, 2005. Chairman Sanchez: All right. We'll go ahead and -- Commissioner Johnny Winton is going to be a little late, but let me ask, anyone wishing to defer any of the items this afternoon, please step forward so we could get that out of the way, and we could move forward and try to catch up on this agenda. Madam Counsel, which item would you like to defer? Adrienne Pardo: I'm requesting to defer companion items PZ.22 and 23. Chairman Sanchez: All right. Is there -- Commissioner Allen: Twenty -- City of Miami Page 168 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: -- a motion? Commissioner Regalado: Twenty -- Vice Chairman Gonzalez: Move it. Commissioner Regalado: Which one? Commissioner Allen: Wait, wait. Which ones? Ms. Pardo: 22 and 23; they're companion items. Commissioner Allen.: 22 -- Commissioner Regalado: 22. Commissioner Allen: -- and 23. Lourdes Slazyk (Assistant Director, Planning & Zoning): Is this for a date certain of May 26? Ms. Pardo: Oh, I'm sorry. If we can do a two -month deferral to June, the June meeting. Ms. Slazyk: OK, to the June PZ (Planning and Zoning) meeting. Chairman Sanchez: I certainly don't have a problem with that. Having stated that on the record, ma'am, you need to state your name. Ms. Pardo: Adrienne Pardo, with law offices at 1221 Brickell Avenue -- Chairman Sanchez: OK. Ms. Pardo: -- Miami, Florida. Commissioner Allen:: OK. Chairman Sanchez: Other than that, we need a motion to defer the item. Is there a motion? Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez -- Commissioner Regalado: Second. Commissioner Allen: Second. Chairman Sanchez: -- second by Commissioner Allen. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none -- Ms. Pardo: Thank you. Chairman Sanchez: -- the item has been deferred. Any other items -- City ofMiami Page 169 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Slazyk: And for the record, that's PZ 22 and 23. Chairman Sanchez: Yes. Commissioner Allen: Right. Chairman Sanchez: As stated on the record. Priscilla A. Thompson (City Clerk): And it's for the June meeting, is that correct? Ms. Slazyk: June -- Chairman Sanchez: Yes. Ms. Slazyk: -- Planning and Zoning hearing. Ms. Thompson: Thank you. PZ.23 04-01438a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL AND "C-1" RESTRICTED COMMERCIAL TO "SD-7" CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 244 AND 252 SOUTHWEST 6TH STREET; 219, 233, 243, 253 AND 257-259 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01438a Zoning Map.pdf 04-01438a Analysis.PDF 04-01438a Aerial Map.pdf 04-01438a ZB Reso.PDF 04-01438a Application & Supporting Docs.PDF 04-01438a Legislation.PDF 04-01438a Exhibit A.PDF 04-01438a FR Fact Sheet 04-28-05.pdf REQUEST: To Amend Ordinance No. 11000, from I Industrial and C-1 Restricted Commercial to SD-7 Central Brickell Rapid Transit Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 244 and 252 SW 6th Street; 219, 233, 243, 253 and 257-259 SW 7th Street APPLICANT(S): Neo Holdings, Inc.; Legacy Asset Holders, Inc.; Tavmar Investments, LC; Mahlberg Investment Holdings, Inc. and Ibiza Properties, Owners City of Miami Page 170 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 10, 2005 by a vote of 7-2. See companion File ID 04-01438. PURPOSE: This will change the above properties to SD-7 Central Brickell Rapid Transit Commercial -Residential District. CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to continue Items PZ.22 and 23 to the Commission meeting currently shceduled for June 23, 2005. Note for the Record: The minutes reference Item PZ.23 are located under Item PZ.22. PZ.24 05-00078 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 632 AND 634 NORTHEAST 68TH STREET, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00078 Legislation.PDF 05-00078 & 05-00078a Exhibit A.PDF 05-00078 FR Fact Sheet.pdf 05-00078 Analysis.PDF 05-00078 Land Use Map.pdf 05-00078 & 05-00078a Aerial Map.pdf 05-00078 School Board Comments.PDF 05-00078 PAB Reso.PDF 05-00078 Application & Supporting Docs.PDF REQUEST: To Amend Ordinance No. 10544 from "Single Family Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 632 and 634 NE 68th Street APPLICANT(S): Balans Biscayne Properties, LC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on January 19, 2005 by a vote of 7-0. See companion File ID 05-00078a. City of Miami Page 171 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 PURPOSE: This will change the above properties to Restricted Commercial. WITHDRAWN A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Winton absent, to withdraw Item PZ.24 and to remand Item PZ.25 to the Zoning Board. Chairman Sanchez: Madam Counsel, you have an item you want to defer? Lucia Dougherty: Yes, sir. Mr. Chairman, members of the Board, Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on PZ.24 and 25. On PZ.24, I would like to withdraw that application for a land use amendment, and on PZ.25, I would like to defer that -- or actually, refer that to the Zoning Board. I'm going to amend the application to an SD-12. Commissioner Allen: OK. Chairman Sanchez: You got me all confused here with the -- Lourdes Slazyk (Assistant Director, Planning & Zoning): All right. Let me -- Chairman Sanchez: -- deferral, referral and -- Ms. Slazyk: Let me go backwards. PZs (Planning and Zoning) 20 -- Chairman Sanchez: Clarify that for me. Ms. Slazyk: PZs 24 and 25 are companion land use and zoning -- Commissioner Allen: Right. Ms. Slazyk: -- change items for a property -- • Chairman Sanchez: That I got. Ms. Slazyk: -- in the northeast. The applicant, you know, based on the previous hearings of Zoning Board and PAB (Planning Advisory Board), has decided to withdraw the land use application and request the Commission to remand PZ.25, which is the zoning change, back to the Zoning Board, so they can amend their application -- Chairman Sanchez: Clear. Ms. Slazyk: -- to request SD-12. Chairman Sanchez: All right. Need a motion. Vice Chairman Gonzalez: I'll move it. Commissioner Regalado: Motion. Chairman Sanchez: There's a motion by -- Commissioner Regalado: There're two motions or one motion? Commissioner Allen: Right. City ofMiami Page 172 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: We could do it with one motion. Commissioner Allen: And wait, one quick question. The staff doesn't have any objections? Ms. Slazyk: No, no objections. Chairman Sanchez: No. Commissioner Allen: Yeah, OK. Chairman Sanchez: We could do it with one motion. Commissioner Regalado: OK, motion to -- Chairman Sanchez: There's a motion by -- Commissioner Regalado: -- withdraw -- Chairman Sanchez: -- Regalado. Commissioner Regalado: A motion to -- Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. Discussion. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PZ.25 05-00078a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-9" BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 632 AND 634 NORTHEAST 68TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00078a Legislation.PDF 05-00078 & 05-00078a Exhibit A.PDF 05-00078a FR Fact Sheet.pdf 05-00078a Analysis.PDF 05-00078a Zoning Map.pdf 05-00078 & 05-00078a Aerial Map.pdf 05-00078a ZB Reso.PDF 05-00078a Application & Supporting Docs.PDF City ofMiami Page 173 Printed on 5,26/2005 City Commission Verbatim Minutes April 28, 2005 REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Resiential to C-1 Restricted Commercial with an SD-9 Biscayne Boulevard North Overlay District to Change the Zoning Atlas LOCATION: Approximately 632 and 634 NE 68th Street APPLICANT(S): Balans Biscayne Properties, LC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on March 14, 2005 by a vote of 7-0. See companion File ID 05-00078. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-9 Biscayne Boulevard North Overlay District. REMANDED TO ZONING BOARD A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzcilez, and was passed unanimously, with Commissioner Winton absent, to withdraw Item PZ.24 and to remand Item PZ.25 to the Zoning Board. Note for the Record: The minutes reference Item PZ.25 are located under Item PZ.24. PZ.26 05-00079 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2200 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00079 Legislation.PDF 05-00079 & 05-00079a Exhibit A.PDF 05-00079 FR Fact Sheet.pdf 05-00079 Analysis.PDF 05-00079 Land Use Map.pdf 05-00079 & 05-00079a Aerial Map.pdf 05-00079 School Board Comments.PDF 05-00079 PAB Reso.PDF 05-00079 Application & Supporting Docs.PDF REQUEST: To Amend Ordinance No. 10544 from "Single Family Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan City of Miami Page i74 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 LOCATION: Approximately 2200 SW 21st Terrace APPLICANT(S): Carlos R. Caso, Owner APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on January 19, 2005 by a vote of 7-0. See companion File ID 05-00079a. PURPOSE: This will change the above property to Restricted Commercial. CONTINUED A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Winton absent, to continue Items PZ.26 and 27 to the Planning & Zoning meeting currently scheduled for October 27, 2005. Chairman Sanchez: Madam Counsel, always a pleasure to see you. Ines Marrero: Thank you. Always a pleasure to be here. Mr. Chairman, members of the Board, for the record, my name is Ines Marrero, lawyer -- attorney for -- with offices at 701 Brickell Avenue. I'm here requesting a deferral of the application by Carlos Caso, PA -- that's applications PZ26 and the companion item, PZ27. We have met with the neighbors in Shenandoah and other neighbors of 21st Terrace, and I -- we have agreed to continue this item for six months, which would be a hearing in -- your hearing in October, and I understand there's some neighbor -- there's still one neighbor here, and they don't have any objections to the deferral of this item for six months. Chairman Sanchez: All right. Commissioner Allen: All right. Chairman Sanchez: Need a motion to defer the item for six months to the October PZ (Planning and Zoning) -- Commissioner Regalado: I'll move it. Just a question, Mr. Chairman. Chairman Sanchez: All right. There's a motion. I need a second. Vice Chairman Gonzalez: Second. Commissioner Allen: What are the numbers, again? Chairman Sanchez: There's a motion by -- Vice Chairman Gonzalez: PZ.26 and 27. Commissioner Allen: 26, 27. Chairman Sanchez: -- Commissioner Regalado, second by Vice Chairman Gonzalez. Commissioner Regalado has a question. City of Miami Page 175 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Regalado: Counsel, six months, why so long, I mean? Ms. Marrero: Six months because it's obvious that there is intense neighborhood opposition to the request to rezone the property. He wants to use it for a professional office. The applicant would like to explore what he can do with the property before he decides to either proceed or withdraw the application, and so he wants to market the property as a rental, or resale it, or whatever. Commissioner Regalado: But if you make a decision, would you come back here or -- Ms. Marrero: We have to come back because -- Ms. Slazyk: Yes. Ms. Marrero: -- now it will come back to a date certain, so I explained to the neighbors -- Commissioner Regalado: Well, I mean, if you make a decision before the six months. Ms. Marrero: I don't think that we can because we've asked for the six months. In the alternative, we'd have to come back every month -- Commissioner Regalado: OK. Ms. Marrero: -- and continue to defer. Commissioner Regalado: All right. Ms. Marrero: And he doesn't need Commission approval to rent out the property -- Commissioner Regalado: Right, right. Ms. Marrero: -- as long as he continues to use it for a single-family home, so -- Commissioner Regalado: Right, right. OK. Ms. Slazyk: Right. Ms. Marrero: -- that would be consistent -- Ms. Slazyk: Even if they decide to withdraw it, it has to come back here because you're continuing it to a date certain, so it will come back, even if they just come back to withdraw. Commissioner Regalado: OK. Commissioner Allen: OK. Chairman Sanchez: You're OK with that? Commissioner Regalado: Yeah, yeah, sure. The only -- Chairman Sanchez: All right. Commissioner Regalado: -- thing is that if you were to come back, the neighbors will be notified either way, right? City ofMiami Page 176 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: Absolutely. Ms. Slazyk: The applicant has agreed to pay for the -- Ms. Marrero: 1 will send them a courtesy -- Ms. Slazyk: -- the notice. Ms. Marrero: -- notice. I met with the -- Commissioner Regalado: OK. Ms. Marrero: -- folks from Shenandoah and the neighbors on the street, as well, who -- Commissioner Regalado: Right. Ms. Marrero: -- were here earlier today. Chairman Sanchez: All right. All in favor of the deferral, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, say "nay." Motion carries. Your item has been deferred for six months. We'll see you on the October -- well, we'll see you before, but that item will be back -- Ms. Marrero: Thank you very much. PZ.27 05-00079a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 39, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2200 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00079a Legislation.PDF 05-00079 & 05-00079a Exhibit A.PDF 05-00079a FR Fact Sheet.pdf 05-00079a Analysis.PDF 05-00079a Zoning Map.pdf 05-00079 & 05-00079a Aerial Map.pdf 05-00079a ZB Reso.PDF 05-00079a Application & Supporting Docs.PDF REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Resiential to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District to Change the Zoning Atlas City of Miami Page 177 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 LOCATION: Approximately 2200 SW 21 st Terrace APPLICANT(S): Carlos R. Caso, Owner APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on February 28, 2005 by a vote of 4-4. See companion File ID 05-00079. PURPOSE: This will change the above property to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District. CONTINUED A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzblez, and was passed unanimously, with Commissioner Winton absent, to continue Items PZ.26 and 27 to the Planning & Zoning meeting currently scheduled for October 27, 2005. Note for the Record: The minutes reference Item PZ.27 are located under Item PZ.26. NA.1 05-00416 DISCUSSION ITEM Discussion concerning City of Miami Beach's proposed ordinance related to sexual predators. Direction by Commissioner Regalado to the City Attorney to draft appropriate legislation to protect the City of Miami from sexual predators and sexual offenders, particularly in consideration of children day care facilities, parks and schools. Direction to the City Manager by Vice Chairman Gonzalez to enforce the law related to businesses which licenses have been revoked (porno shops, bars in Allapattah) but are still operating their establishments illegally. Chairman Sanchez: Before we try to kill about ten minutes, so we could get the Home Depot item up for discussion or the item that's being discussed in front of this legislative body today, I just want to take an item that's going to be discussed here today by the Commission, and it's an item of utmost public safety, and of course, its of utmost concern for our children, our elderly and our families, and that has been what you have read in the paper of the sex predators. Miami Beach has been passing -- has passed -- or is in the process of passing an ordinance that would change the ordinance from a 1,000 feet to 2,500 feet, and that is a great concern to our City because, as you could see, the Beach is an island and it basically forces a lot of these individuals onto our community, and I think it's important that this item be discussed. I know that one of the Commissioners or two of the Commissioners wanted to put it on the item -- on the agenda to discuss, but I just have one question for the City Attorney, and I know that it's been some controversial on the Beach, and 1 think -- Mr. City Attorney, do you have -- or have you done any research on this issue to produce an ordinance that is both constitutional and aggressive to protect the utmost of our citizens in our community? Have you looked -- done the research -- because there's been some controversial at the Beach as to this ordinance. Could you elaborate a little bit on that, before we open it for discussion on the Commission? City of Miami Page 178 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Jorge L. Fernandez (City Attorney): We have started the process of researching these issues that came to our attention last week when several of the Commissioners jumped on it. It's a very complex issue, and we will inform -- we'll get back to you as soon as we conclude our research. We can regulate the distance requirement, but the bottom line is that there has got to be some rationality behind the number offeet that is established, and we need to look at what other jurisdictions have done, and if there is any case precedent, any courts that have ruled on this, we would need to be guided by that. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Could you yield for a minute? Commissioner Winton: Yes. Chairman Sanchez: I just -- I was at a community meeting yesterday and a gentleman came up to me -- it's very -- I mean, you could just look on the FDLE (Florida Department of Law Enforcement) website and it gives you the information. I encourage everyone to look at the -- get informed on the website. The gentleman came to me and said, Commissioner, did you know that when -- from where you're standing, within a four -block radius, there are 18 sexual predators? It is of great concern to all those who live in our community, who have children that we monitor that -- the current law, they could be monitored, and as a matter offact, they are regulate -- as a matter, Chief you're here; maybe you could speak on the issue, but I'll tell you this much, when he said that, and we came back and we looked it up, within a four -block radius, there were 18 registered sex offenders in Little Havana, within a four -block radius. Commissioner Winton: That's amazing. Chairman Sanchez: It is of a great concern to us. It is an issue that the Police has to address, because the last thing that anybody wants in this community is to have another tragedy that we've had two in this state. Chief John Timoney (Chief of Police): Yeah. Good morning, Commissioners. John Timoney, Chief of Police. We -- I directed about a month ago, in light of this emerging issue, for our Sexual Battery Unit to go in -- there are two types: One is the sexual offenders, of which there are hundreds, and then the sexual predators that are designated by the courts. We have created a book for every NET (Neighborhood Enhancement Team) area, which we'll be providing to the NET Administrators to kind of share in confidence and also share the community groups. We have their locations, also the pictures of the folks, and that will be going out next week. We just finished it off yesterday at COMSTAT. Also, under the law, we're required to, when we are making those visits, we need to make the visits twice a year to make sure that they are, in fact, there. Out of the, I believe it's 29 predators, I think we accounted for 27 out of the 29, so the other two are not. On the issue of the Beach, who knows what the implications, but I know part of the rationale is -- that Mayor Dermer is using is that, I guess, pornography in other locations, by law, have to be 2,500 feet away from a school or other institutions, and he's saying if that's for a porn shop, why wouldn't you for a predator? That's kind of the rationale, but once -- if that, in fact, gets implemented, then, effectively, there is no room on the Beach. Chairman Sanchez: Commissioner Winton. Commissioner Winton: And the Chief hit the nail on the head, and I think that while, at least, with the audience here right now, I think I'm considered close to the Antichrist, but there's a lot way of significant issues that we have to deal with, and I think you all need to be paying attention to this issue. The ordinance that Miami Beach has passed, which extends the boundaries in which a sexual predator can be located from 1,500 feet from a whole bunch of City ofMiami Page 179 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 things to 2,500 feet from those same number of things, effectively pushes every single sexual predator off of Miami Beach and they're going to go where? Vice Chairman Gonzalez: Miami. Commissioner Winton: Here. Vice Chairman Gonzalez: That's right. Commissioner Winton: To Miami because they can't be on the beach. The closest thing to the beach is the City of Miami, and so we get them, so we pay attention to a lot of other issues around here periodically, and -- but Mr. Attorney, back to the key point. I know you're doing the research, but I'm not so sure that I'm -- that I -- it isn't that I don't want to understand case law, because we want to be well armed as we're moving forward, and the greater the knowledge base, the better. However, that said, if Miami Beach has passed an ordinance that looks like it's going to act --1 guess they're in first reading or second? Chairman Sanchez: First reading. Mr. Fernandez: First. Commissioner Winton: OK, so they got one more reading, and so unless somebody immediately challenges it and gets an injunction to block the implementation of it, it would go into effect in less than 30 days, and the impact is going to be direct and immediate on us, so it seems to me that, as a precautionary move, while we're doing all of the research to make sure we do the best we can, why can't we follow Miami Beach's logic? Whether it's completely right or wrong yet and hasn't been tested in the courts, wiry couldn't we follow Miami Beach's logic and move an ordinance -- begin moving an ordinance through our system, just as a precautionary move? We can always modify the ordinance. We can always eliminate the ordinance, but it seems to me that we need to put up, as quickly as we can, some defenses against what's being pushed to us from Miami Beach. Chairman Sanchez: Commissioner Regalado and then -- Commissioner Winton: Well, he -- Chairman Sanchez: Vice Chairman Gonzalez. Commissioner Winton: That was kind of a question. Chairman Sanchez: Oh, I'm sorry. Mr. Fernandez.: Yes, that can be done. It's not necessarily what I would advise or recommend you to do, because when a court of law would take a look at your action, they would look at your rationale and your deliberation. If you are using the concept of piggybacking on Miami Beach's rationale and thinking when it comes to enacting an ordinance this serious, there are certain other risks associated with that, but you need to be able to articulate a rationale other than being -- wanting to trump Miami Beach for not -- for them doing what they're doing to you, you want to do it to them, and then you want to do it to the one next. Commissioner Allen: Right. Mr. Fernandez: And that rationale -- Commissioner Winton: A good point. City o/Miami Page 180 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Mr. Fernandez: -- is again suspect -- Commissioner Winton: OK. Commissioner Allen: Right. Mr. Fernandez: -- when we get to court -- Commissioner Allen: Right. Mr. Fernandez: -- to try to defend it, so my advice to you is that we can act with due speed -- I mean, we can really do the research. There's really no rocket science behind this research because it's a whole issue that we have always dealt with, adult entertainment, pornography. There are similarities that can be construed in these; although, they're quite different. In the adult entertainment business, you're really looking at a form of speech or at a form of conduct of a business. Here you're looking at more individual rights, and as much of an abomination as these individuals in their conduct may be, our Constitution still gives them certain rights. Commissioner Allen: Right. Mr. Fernandez: And so, having said that, we will, forthwith, conclude our research and bring to you, if you so direct us, an ordinance within the next month with -- Commissioner Winton: OK, good. Commissioner Allen: Right. Commissioner Winton: And Mr. Chairman, one more question. Commissioner Allen: Yeah. Chairman Sanchez: Wait, wait, wait. Commissioner Winton: Please. Commissioner Allen: I'm sorry. Commissioner Winton: Do we have an existing ordinance with -- Commissioner Allen: Right. Commissioner Winton: -- defined boundaries? Mr. Fernandez: We do with regard to adult entertainment. Commissioner Winton: But I'm talking about sexual predators. Mr. Fernandez: I don't believe we do. We do not. Commissioner Winton: Wow. Chief Timoney: It's a state law. Mr. Fernandez: Well, yeah, but it's state law, but our ordinances -- City ofMiami Page 181 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Winton: Oh, it is? Mr. Fernandez: -- do not contain that. Commissioner Winton: Oh, OK, OK. Got it. Mr. Fernandez: And that was your question -- Commissioner Winton: I'm done. Mr. Fernandez: -- ordinances. Commissioner Winton: Yeah, it was. Mr. Fernandez: There is a state law that controls their reporting requirements, where they can live, their registration -- Commissioner Winton: OK. Mr. Fernandez: -- all of those things are prescribed -- Commissioner Winton: And is that -- Mr. Fernandez: -- by state law. Commissioner Winton: -- does that include the 1500 foot rule, state law? Mr. Fernandez: I believe that that is contained in state statute. Commissioner Winton: OK. Mr. Fernandez: We need to check. Commissioner Winton: OK, thank you. Chairman Sanchez: Commissioner Regalado, then Vice Chairman Gonzalez. Commissioner Regalado: OK. The City of Miami Beach Ordinance probably and most certainly will be challenged, and our ordinance probably and most certainly somebody is going to be challenged, so might as well go for the gold, and we have been talking here of predators, but this ordinance should address sexual offenders and sexual predators. These are two very different categories. It should also include, not only parks and schools, which we're doing OK in the City of Miami, but licensed nurseries in the City of Miami. Commissioner Winton: You mean, like day care centers? Commissioner Regalado: Like day care. Commissioner Winton: OK. Commissioner Regalado: Like day care. Licensed, officially licensed, and you know what, Commissioner Winton is right, we should start the process -- the criteria that the courts are going to ask you -- ask our attorney, say, well, do we have the history where the attacks took place? Was it in a park? Was it in the school? Well, we don't know, but statistics say that all of City of Miami Page 182 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 these people are repeat offenders, and the Chief may tell us that, and what we have seen in the state of Florida, the two tragic cases, these are offenders, and you know what? They're using now adult living facilities in the Flagami area to house sexual predators, not offenders, mind you; sexual predators. There's one on 47th that used to be only for retired, older people because the State pays for more sexual offenders' rehabilitation, so if we don't jump on this, you know, we're going to get swamped by these people, and -- you know, Florida, it's in the news everyday. Like every morning you open the paper and you see one child been murdered by one of these offenders, so 1 would ask you -- They say that the Miami Beach ordinance is, by far, the strongest in the nation, so let's go for the gold and do one that is stronger than Miami Beach. Chairman Sanchez: Vice Chairman Gonzalez -- Vice Chairman Gonzalez: Yes. Chairman Sanchez: -- and then Commissioner Allen. Vice Chairman Gonzalez: Thank you, Mr. Chairman. The Police Chief just mentioned something that call my attention to a place, which is one of these stores -- porno stores that is in Allapattah, and the Quality of Life Task Force went into that place. They arrested some people for soliciting. They solicit two undercovers. Chief Timoney: Right. Vice Chairman Gonzalez: And they were conducting a different type of illegal activities in this store. As a matter offact, a gentleman was arrested there, and this gentleman was wanted by the FBI (Federal Bureau of Investigations), by the Feds. 1 cannot go into details because I was told that I could not go into details, but this is the type of elements that we find in these places. Now, when 1 asked how these establishments was licensed to be there, I was told that they should have never gotten a license, and I talked to you, Mr. City Attorney, about that. I wonder what is going on, because these people are about two blocks from a preschool, about a block and a half from a Catholic school, and about three blocks from two different churches, and 1 wonder, you know -- I wonder, what are we doing here in the City? I mean, what kind of a system do we have that we allow these type of business to go into a community with that proximity to a schools and church, you know, and we don't control it, and then, you know, I'm told they are not supposed to be there, they don't have a license. Then 1 hear that they -- yeah, they have a license. They should have never given the permit. They were given the permit. No, they were not given the permit. You know, we need to find out. Because let me tell you -- and I'm glad that this subject came up because the operations that the Quality of Life Task Force are doing are marvelous. You know, I went outside last night to do some spot-checking on how the operation was working and how the people, you know -- let me tell you, Chief more than ten citizens stopped their cars, park their car, came out to say thank you. Thank you for the work -- job that you're doing, and also for your -- and I'm sure you're aware of this. The shooting that happened on 36 Street last week -- Chief Timoney: Yes. Vice Chairman Gonzcilez: -- this shooting originated at one establishment, which we closed at least four times, where we found minors, girls between the ages of 12 and 15 years old in these establishments drinking, consuming alcohol, OK. We shut down that place four times. That's where the problem started. Chief Timoney: Yep. Vice Chairman Gonzalez: The problem -- the location where the shooting took place, where three people got injured -- I think one of the people was in critical condition. I don't know if the person died or not. City o(Miami Page /83 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chief Timoney: They didn't die. Vice Chairman Gonzalez: They didn't die? OK. That place, we shut it down four times, and that's where -- you know, where 1 have certain concerns with code enforcement. What are we doing? Because the Police Department can do so much, but from there, we have to pick up -- from the code enforcement point of view, we have to pick up and follow up on what the police is doing because, otherwise, we will continue to go back and forth, and that brings up another question that 1 have. Mr. City Attorney, 1 hear that there's some cases that haven't been brought back to the special master for revocation of licenses. For the last two months, we haven't had any cases, and what is going to -- what is happening is that these places that have been shut down, they're operating without a license, so you know, we're spending money in overtime, we're spending resources in the Police Department, and even the inspectors to go back to the same place, and we go on Friday and we close them down, and we go back on Saturday and they're open again, and so we have to act on that, and Mr. -- Mariano, could you please come around so I can -- I don't have to be looking back to talk to you? What is the problem? What is the delay that we haven't had anymore cases come before the special master for revocation of licenses? Mariano Loret de Mola (Director, Code Enforcement): We've been bringing the cases to revocation of license. There is a process that we have to follow. We have to first wait for the appeal procedures. They had the right to appeal the tickets, and that takes a lot of time, Commissioner. Then, after that, we had to bring it to the Code Enforcement Board, and then, finally, to the revocation, so it is a long process. Vice Chairman Gonzalez: All right. I want -- Chairman Sanchez: Mr. Mola, could you -- Vice Chairman Gonzalez: As the Chairman of -- Chairman Sanchez: -- please state your name on the record again. Mr. Loret de Mola: Yes. I'm sorry. Loret de Mola, Code Enforcement Director. Vice Chairman Gonzalez.: OK. As the Chairman of the Quality of Life Task Force, I would like to request that you meet with me Monday and bring me up-to-date, and I want you to be at that meeting, too, Mr. City Attorney. Mr. Loret de Mola: Yes. Vice Chairman Gonzalez: I want you to bring me up-to-date on what are we doing, because I don't want to be wasting police resources, and even your people on going back to these places, and these people are laughing at our face. We're shutting them down because they're doing illegal activities, and the next day we go back and they are open again, and the same thing is happening. I mean, you know, this has to stop. I mean, we need to be serious. If we're going to do this, we need to be serious. Mr. Loret de Mola: You are -- Commissioner, you have -- all of you have in front of you an amendment to -- Vice Chairman Gonzalez: Yeah. Mr. Loret de Mola: -- the Code. Vice Chairman Gonzalez: But that's separate -- City of Miami Page 184 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Mr. Loret de Mola: That will give us another tool. Vice Chairman Gonzalez:: 1 understand, but -- Mr. Loret de Mola: That will give us another tool. Vice Chairman Gonzalez: -- that's separate and aside from what I'm talking about, OK. What I'm talking about is that these places have been shut down, and in the case of this merengue place and the other place, if we would have revoked these people licenses and shut them down for good, we could avoided a shooting at this site where probably two people would have lost their lives. A lady that was going by, she got shot, OK, so -- I mean, we need to be firm. When we establish a system and we are enforcing the laws, we need to be firm, and we need to do follow up on it to avoid things like this. Mr. Loret de Mola: All right. Vice Chairman Gonzalez: OK. Mr. Loret de Mola: And in order to -- for us to deny their license, we need to have an ongoing enforcement procedure, and that's -- 1'm going back and refer to this code that I'm amending, or I'm requesting all of you to amend, which will give us that new tool. If it's an ongoing enforcement procedure, we can deny their license; otherwise, they have the right for the due process, and they will be appealing those tickets, and -- Vice Chairman Gonzalez: All right. Mr. Loret de Mola: -- that's basically what is happening. Vice Chairman Gonzalez: Well, I don't want to take any more time because I know, you know, we have all of these residents here waiting for their item to be discussed, but let's meet on Monday. Mr. Loret de Mola: Sure. Vice Chairman Gonzalez: Mr. City Attorney, let's meet on Monday. Let's go to the bottom of this and let's get, you know, things rolling, and, Chief I want to congratulate you for the work that your people are doing out there because I felt really good yesterday when I see these people, you know, stop their car, take the time to get out and say thank you, OK. They really appreciate what is happening out there. Mr. Loret de Mola: Commissioner, 1 want to add probably before I leave that we have take 96 licenses for businesses through the process that you just mentioned, so we are taking the cases. It's taking longer than -- Vice Chairman Gonzalez.: But apparently, we're doing not enough because these two places where three people got shot, we shut them down four times, both of them, and they were still open. There was business being conducted there, and it shouldn't took place, and three people got -- end up at Jackson Memorial hospital, so you know, maybe we need to do more. Mr. Loret de Mola: OK. Vice Chairman Gonzalez: OK. Thank you. Commissioner Sanchez: All right. City of Miami Page 185 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: Mr. Chairman. Chairman Sanchez: We'll -- Chief Timoney: 1 think -- Chairman Sanchez: 1 apologize. Commissioner Allen: Oh, I'm sorry. That's correct. Yeah. Chairman Sanchez: Commissioner Allen, I apologize. You're recognized, sir. Commissioner Allen: Yeah. This'll be a quick observation on my part. I share your concerns, Commissioner Sanchez, regarding this issue. I would assume that you're asking this Commission to consider an ordinance relative to the issue of sexual predators and the like within a certain boundary or distance from a school, correct? Chairman Sanchez: Well, what we're asking -- Commissioner Allen: Which is what my -- Chairman Sanchez: What we're asking the Attorney is -- Commissioner Allen: Right. Chairman Sanchez: -- to do a research and come back -- Commissioner Allen: OK. Chairman Sanchez: -- with an ordinance that would be constitutional -- Commissioner Allen: OK. Chairman Sanchez: -- because that's the biggest concern here -- Commissioner Allen: Right. Chairman Sanchez: -- and you know it's going to be challenged, one way or the other -- Commissioner Allen: Right. Chairman Sanchez: -- but if we're going to prepare an ordinance, let us prepare the best possible ordinance, and that's -- so if it's challenged, we do have a chance at it. Commissioner Allen: Right. Are we setting a timeline with respect to that? Because my concerns are that, obviously, we'd have to do a findings offact first, and I would assume that you would have -- the Chief would have to provide some statistical information to provide to the City Attorney's office -- Chief Timoney: Yes. Commissioner Allen: -- to see if there is -- Chief Timoney: We have all that. City of Miami Page 186 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: OK. Chief Timoney: We have -- as I say -- as a matter offact, I will -- Commissioner Allen: Right. Chief Timoney: -- make sure, by the end of the business day tomorrow, that each Commissioner gets a copy of the entire City of -- Commissioner Allen: Right. Chief Timoney: -- the list of predators, their pictures, and what their locations are. Commissioner Allen: OK, because another concern of mine is, in light of what's happening throughout the state of Florida with respect to young girls being molested and kidnapped and so forth, I would assume the State is putting forth an effort to probably draft some type of legislation as well. Should we -- and I don't know. City Attorney, maybe you could weigh in on this. Should we wait to see what they have done so that we can either model our ordinance pursuant to what they're doing so we don't find ourselves -- although, we don't have a home rule charter -- find ourselves just doing work that's not necessary, at this point. 1 don't know. I mean, is the State weighing in on this at this point? Mr. Fernandez: The state of Florida? Commissioner Allen: Yeah, creating some level of legislation to address this issue. Mr. Fernandez: No, not that I know of. Commissioner Allen: OK, so I guess we can do it independently. Chief Timoney: Yeah, not that I know of either. Commissioner Regalado: Yes, yes, they do. They have the bracelet. The new law is the bracelet for the offenders. That's -- they just passed. Mr. Fernandez: We would -- Commissioner Regalado: The state legislature. Commissioner Allen: Does it address the boundaries that we're -- Commissioner Regalado: No, no, no boundaries, just the bracelet. Commissioner Allen: OK. OK, I -- Chairman Sanchez: All right. Commissioner Allen: Yeah, thanks. Chairman Sanchez: All right. Chief Timoney.• Thank you. Chairman Sanchez: Thank you so much. City of Miami Page 187 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 NA.2 05-00417 DISCUSSION ITEM Direction to the City Manager by Commissioner Winton to come back in one month with a full report on the Affordable Housing Trust Fund explaining: 1) how the system works, 2) how much money is in the fund, 3) how much money there is relative to the number of units that have been built, 4) what are the rules for using said fund, and 5) how long has this fund existed; further directing the administration to come back with recommendations related to (1) radical changes to our zoning Code proposed under "Miami 21," (2) Major Use Special Permits (MUSPs), (3) affordable housing, (4) green spaces and (5) transportation. DISCUSSED Chairman Sanchez: All right. We move on to PZ (Planning and Zoning) item. PZ.1. Commissioner Allen: Right. Chairman Sanchez: Once again, anyone testifying on any of these PZ items that have not been sworn in, please stand up -- Commissioner Allen: Right. Chairman Sanchez: -- and be sworn. Commissioner Allen: Yeah, and Mr. Chairman, if you will, before we begin, I just have a quick question related to our PZ items, with respect -- Chairman Sanchez: Absolutely. Commissioner Allen: -- to the MUSP (Major Use Special Permit). Chairman Sanchez: Absolutely. Commissioner Allen: OK. Chairman Sanchez: All right. Madam Clerk, could we swear them in? Priscilla A. Thompson (City Clerk): Please raise your right hand. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: All right. Once again, any person who acts as a lobbyist, pursuant to the City of Miami Ordinance 11469, must register with the City Clerk prior to engaging in any lobbying activity before City staff, board, committee, or this legislative body. Any person making slanderous remarks will be asked to leave very politely. Anyone interested in an agenda, five days before the Commission meeting, all you need to do is contact the City Clerk's Office, and one will be provided for you. Also, anyone testifying on any of the PZ items, or in front of this legislative body, before approaching the mike, must state their name and address for the record. We'll go ahead into PZ 1. Commissioner Allen: Right. Mr. -- City ofMiami Page 188 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: Before we do that, 1 apologize, Commissioner Allen -- Commissioner Allen: I'm sorry. Chairman Sanchez: -- you're recognized. Commissioner Allen: Yeah. This would be just a quick -- you know, since I've been appointed as a Commissioner, obviously, I've been dealing with a lot of PZ items, and I've gone through a lot of this documentation, and I've read it extensively, and I understand the substantive nature of it, so my question goes to the issue of applying for the MUSP, as it relates to the Affordable Housing Trust, because I've had my staff to do a diligent search as to find out, you know, have guidelines been established to the Affordable Housing Trust. 1 need to know, you know, what's the basis of this, because I get a lot of complaints out in the public that, you know, affordable housing is just not possible here in this city, but yet, we're doing all these large-scale developments, and so, I need to know, for my own purposes, the money that we're receiving from these private developers is being placed in an affordable housing trust, and have guidelines been established, and have we done anything with that to create affordable housing, either citywide or district -wide. I'm at a loss. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah. Commissioner Allen: I mean, I, frankly, need to have some answer to that because, perhaps, I might even make a proposal. With some of these large-scale developments, why don't we have these guys to set aside " Y" amount of units for affordable housing, as opposed to doing a exchange for a monetary (UNINTELLIGIBLE) -- Ms. Slazyk: When the ordinance was originally drafted, there was an option that a developer could actually build it or pay into a trust fund. Commissioner Allen: Correct. Ms. Slazyk: Nobody had every built it, so that provision was removed, and the payment is still the option. I believe the Department of Economic Development is undergoing -- is supervising, or somehow, doing a study on the Affordable Housing Trust Fund to develop recommendations to present to the Commission on expenditures of those funds, but up until now, all it is is that it has to be used for affordable housing, as defined. Commissioner Winton: Mr. -- Ms. Slazyk: And the definition of affordable housing is in the Code. Commissioner Allen: Yeah. Well, maybe, Commissioner Winton, you can weigh in on this because -- Commissioner Winton: Yeah. Well, you -- Commissioner Allen: -- we're collecting the funds, the fees, aren't we, or -- Commissioner Winton: You give me, I think, an idea here, because 1 don't think any of us know clearly or accurately what's happening with that money, nor how much we have, number one; and number two, I'm not sure that the guidelines work, but we do know this, we know we've launched Miami 21, and Miami 21 gives us the perfect opportunity to cure a lot of the evils of our current system, so I think what we ought to do is direct staff to bring a report back to us at the next Commission meeting explaining -- City ofMiami Page 189 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: The guidelines. Commissioner Winton: -- how the system works -- Commissioner Allen: Right. Commissioner Winton: -- how much money we have -- Commissioner Allen: Have. Commissioner Winton: -- in the system -- Commissioner Allen: Correct. Commissioner Winton: -- how much money that is relative to the number to the number of units that have been built, and if they have any recommendations that we ought to be thinking about -- and maybe they don't have that finished, but at least they could make a few recommendations, and give us time to start thinking about it, as it relates to changing our Code radically for Miami 21, because I believe pretty strongly that -- and as it relates to all these MUSPs -- that there's some issues that we have to do a better job of addressing, and that's the perfect vehicle to do it through. It is affordable housing. 1 think it is parks and green space, and new green space that we're desperately going to need as we continue to redevelop. Commissioner Allen: Correct. Commissioner Winton: And I think there's going to be a transportation component in there that's going to be very important to us as we move forward long-term, and so, instead of us being in a position where we have to piecemeal put something together, I think we're in a position to put something together very strong, but we don't understand enough about it yet to make the right kind of recommendation, so if they bring a report to us, 1 think it'll give us that kind of early opportunity to begin thinking about it rationally, and make recommendations as we're moving through Miami 21. 1 know somebody was talking in your ear, so I don't know if you heard what - Commissioner Allen: Right, yeah. The latter portion of it, so you are -- Commissioner Winton: So my recommendation is -- Commissioner Allen: Recommendation is we -- Commissioner Winton: -- that we re -- Commissioner Allen: -- instruct staff -- Commissioner Winton: To bring a report to us at the next -- Commissioner Allen: -- bring a report establishing guidelines, or give us some idea as to how much is in that Affordable Housing Trust. Commissioner Winton: What the guidelines are currently, how much is in the trust -- Commissioner Allen: The collection of that, how much is in the Trust. Commissioner Winton: -- how long it's been there, how it gets out -- City ofMiami Page 190 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: Long its been there, right. Commissioner Winton: -- and any recommendations they have -- Commissioner Allen: And then, we -- Commissioner Winton: -- for us to begin thinking about, as it relates to changing -- Commissioner Allen: Right. We -- Commissioner Winton: -- our Code for Miami 21. Commissioner Allen: We can make policy dictating the use of those funds -- Commissioner Winton: Yes, sir. Commissioner Allen: -- and so forth, but we're not at that juncture, yet. I mean, no one has any idea. Is that what you're suggesting, Lourdes? Commissioner Winton: Well, you can use it now, but we don't -- and part of the report has to be how the funds are currently -- have we used any funds -- Vice Chairman Gonzalez: Exactly. Commissioner Winton: -- how did we use the funds -- Vice Chairman Gonzalez: You hit it right on the nail. Commissioner Winton: -- what are the rules for using the funds; all those kinds of things. We ought to know that. Vice Chairman Gonzalez: That was exactly what I was going to refer to you; if they have used any of the funds, how they have used them. Commissioner Winton: How they -- exactly, and we want to know that, so if they give us that kind of report -- Vice Chairman Gonzalez: Because that's something I want to know. Commissioner Winton: -- next time, we'll be better armed. Chairman Sanchez: All right. Commissioner Allen.: OK. Chairman Sanchez: Moving on. Commissioner Allen: We set a timeline. That'll be prepared by when? Commissioner Winton, you suggested by next -- Commissioner Winton: I don't know. Ask -- either the next Commission meeting -- Commissioner Allen: Yeah, that'll be -- Commissioner Winton: -- or one month from now, at the most. City ofMiami Page 191 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Vice Chairman Gonzalez: That shouldn't be that difficult -- Ms. Slazyk: Yeah. Commissioner Allen: Yeah. Vice Chairman Gonzalez: -- to put together. Ms. Slazyk: I'm going to -- yeah, I'm going to recommend the month because there's a couple different departments, so I -- Commissioner Winton: OK. Ms. Slazyk: Yeah, I'll recommend a month. Commissioner Winton: I mean, a month's OK with me. It fits in our time frame. Chairman Sanchez: All right. Commissioner Winton: Commissioner Allen, does that work for you, a month? Commissioner Allen: Sure. Is that the -- Commissioner Winton: OK. Commissioner Allen: -- adequate time? Commissioner Winton: So that's the -- we'll give them the Commission meeting a month from now. Commissioner Allen: OK. Chairman Sanchez: Ma'am, the floor is all yours. Georgia Ayers: Say what? What'd you say, sir? Chairman Sanchez: The floor is all yours. We're waiting for you. Commissioner Allen: Oh, and by the way, before you -- Ms. Ayers: Well, here I am. Commissioner Allen: Yeah, before you proceed, just one quick item. With respect to the P&Z (Planning & Zoning) items, with all the items that are pursuant to Article 9, Section 914, the Affordable Housing Trust, I've totaled $3,890,349 with respect to those -- approval of the MUSP (Major Use Special Permit) today, so that's money that's flowing into the trust, Ms. City Manager, so that we -- pursuant to a report that we agreed on earlier that there will be a report relative to the Affordable Housing Trust, this is the amount, as of today, relative to the items before us; the total amount that we should least have in the Affordable Housing Trust, with the guidelines that'll come forward later, OK? That's important. NA.3 05-00414 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF AN ADDITIONAL $50,000 FOR THE RETENTION OF City o/Miami Page 192 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 LEGAL COUNSEL, PLUS COSTS AND EXPENSES, IN THE MATTER RELATED TO FAMILY BOARDING HOME, INC. V. THE CITY OF MIAMI. Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0274 Vice Chairman Gonzalez: Pocket items. Chairman Sanchez: Pocket items. Who's got pocket items? Jorge L. Fernandez (City Attorney): I do. Commissioner Winton: Are we done with PZ (Planning and Zoning)? Chairman Sanchez: Yes, we're done. Vice Chairman Gonzalez.: Yes, sir. We're finished. Chairman Sanchez: I did all I could to get you out of here by five. Commissioner Winton: Oh. Commissioner Allen: We are on -- Commissioner Winton: Man, I have to -- really? Chairman Sanchez: All right. Pocket items. Mr. Fernandez: Yes. Chairman Sanchez: Commissioner Allen, do you have a pocket item? Mr. Fernandez: Yes, I do. Mr. Chairman, Commissioners, I have delivered to each of your offices a copy of the most recent complaint that has been filed against the City, arising out of your decision with regard to the ALFs (Adult Living Facilities). As I have reported to you before, they have now engaged to -- engaged us in two different forum: one in State court, and most recently, in the federal courts. They have filed a federal complaint against the City and against four of you, individually, with regard to the decision made in the case of the ALFs. In this regard, I have asked you, by means of the resolution I'm passing out, that you authorize an additional amount of dollars in order to enable us to be able to present -- represent the City and each of you at defense in court, so that's a resolution that's in front of you; it's merely allocating an additional amount of money. 1 already have the authority to retain outside counsel, and this is just to make sure that Larry Spring is comfortable with the $50, 000. Chairman Sanchez: All right. Need a motion. Commissioner Regalado: Move it. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Regalado, second by Vice Chairman Gonzalez. City of Miami Page 193 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: Second. Chairman Sanchez: It's a resolution of the City Commission authorizing the allocation of an additional 50, 000 for the retention of legal counsel, plus costs and expenses, in the matter related to Family Boarding Home, Inc. versus the City of Miami. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Mr. Fernandez: Thank you, Mr. Chairman. NA.4 05-00418 DISCUSSION ITEM Direction to the City Manager by Vice Chairman Gonzalez to clean up liter around the welcome sign on N.W. 62nd Street and 5th Avenue and a section of the Grapeland Park Golf Course. Direction to the City Manager by Commissioner Allen to correct the sign on N.W. 62nd Street and 5th Avenue to say "Welcome to Lemon City and Little Haiti." DISCUSSED Chairman Sanchez: Any other pocket items? Commissioner Allen. Commissioner Allen: Yeah, Mr. Chairman. This wouldn't necessarily be a pocket item, but there is a resident here, Ms. Georgia Ayers. I guess she wanted to speak for five minutes, with the indulgence of the Commission. Chairman Sanchez: She's outside. Can we -- Commissioner Allen: Yeah. Chairman Sanchez: Yeah, somebody get her. Commissioner Allen: Madam, you wanted to speak -- Chairman Sanchez: Commissioner Allen, you're recognized -- Commissioner Allen: Yes. Chairman Sanchez: -- for your -- Georgia Ayers: Georgia Ayers. 1 live at 2475 Northwest I Ilth Street. I'm here, I guess, on a mission of mercy, and to bring to your attention, even though it's in five's district, it beholds to all of you because my first issue is when was a memorandum passed, or whatever you want to call it, to name that area on 62nd Street, in front of Miami Edison Senior High School, "Welcome to Little Haiti "? I think you all remember, if you can, back in 19 -- I mean, back in February, I had my aunty here, who is 91 years old. Commissioner Allen.: Right. Ms. Ayers: OK. This isn't a very pretty picture, but I want to pass it to you, but I got one in particular I want you to see first. That's the one (UNINTELLIGIBLE). Get a good look. Get a City ojMiami Page 194 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 good look. Commissioner Allen: Right. Ms. Ayers: OK, the rest -- I'm going to -- Commissioner Allen: Georgia -- Ms. Ayers: -- leave this with -- Commissioner Allen: If I could -- Ms. Ayers: -- you. Commissioner Allen: Yeah. Ms. Ayers: Yes, and this says "Welcome to -- Commissioner Allen: Right. Ms. Ayers: -- Lemon City." Commissioner Allen: Right. Ms. Ayers: I (UNINTELLIGIBLE) Little Haiti, but you have a big sign up there, "Welcome to Little Haiti." Commissioner Allen: Right. Ms. Ayers: I was -- this property here, I told you before, my mom and my grandmama, and all of them were born in Lemon City. I resent the fact that -- I -- my business is there now, and it's Little Haiti; you don't recognize the other -- Commissioner Allen: Right. Ms. Ayers: -- areas where people were born and raised, and some of the old folk are still there, like me. Commissioner Allen: Right. Ms. Ayers: These are my great, great grands. My mama's great, great grands; my great grands. Commissioner Allen: Right. Ms. Ayers: I want them to know their heritage, just like -- Commissioner Allen: Right. Ms. Ayers: -- when the Cubans came here, you named that Little Havana; when the Haitians came here, you named that Little Haiti. That is not Little Haiti. That's Lemon City, but how in the world can you welcome people to a place look like this. This picture was made day before yesterday, and I want you to see it. Now, I want to work with you all to get that area cleaned up. Commissioner Allen: Right. Let me -- Ms. -- City o/Miami Page 195 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Ms. Ayers: I am prepared to go -- Commissioner Allen: Yeah. Ms. Ayers: -- to the courts -- and I've done it before, about three years ago -- get the guys that have weekend time to serve -- Commissioner Allen.: Right. Ms. Ayers: -- get with your Police Department -- Commissioner Allen: OK. Ms. Ayers: -- and get that area cleaned up. Commissioner Allen: Georgia, let me -- if you can go back to the podium. I'm going to make a suggestion. Based on what you've just said, with respect to the "Welcome to Little Haiti, " that's true. That sign should be reflective of Lemon City/Little Haiti. My office will take care of that -- Ms. Ayers: You have Morningside over there and you have -- Commissioner Allen:: Right. Ms. Ayers: -- Buena Vista -- Commissioner Allen: Hey, but listen -- yeah. Ms. Ayers: -- and the whites in there tell me they're -- Commissioner Allen: Georgia -- Ms. Ayers. Ms. Ayers: -- afraid to -- I'm giving you the facts. You all up here and you don't know -- they're afraid to speak out -- Commissioner Allen: All right. Ms. Ayers: -- because the Haitian -- Commissioner Allen: No, Ms. Ayers. Ms. Ayers: And I'm not anti -Haiti, -- Commissioner Allen: No. Ms. Ayers: -- but respect those communities who've been there over 100 years. Commissioner Allen: I agree with you. Ms. Ayers, what I'm saying is, I'm going to address that issue, and I'm going to make sure that it is resolved. It should reflect Lemon City/Little Haiti, so that issue will be resolved. Ms. Ayers: Buena Vista. Commissioner Allen: Now, as to the issue of the cleanup; obviously, 1'11 get with Code Enforcement, and they will put together a plan and address those issues, as well, and I think he's agreed -- our director of Code Enforcement, so we'll be able to address that issue, as well. City ofMiami Page 196 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Vice Chairman Gonzalez: But my ques -- I have a question on that. Commissioner Allen: Sure. Vice Chairman Gonzalez: Who owns that land? Commissioner Allen: Well, this is a property that's been -- Vice Chairman Gonzalez: Because we need to go -- Ms. Ayers: Well, let me tell you -- we -- right now -- Vice Chairman Gonzalez: Because we need to clean it up -- Commissioner Allen: Right. Vice Chairman Gonzalez.: -- and clean it up as soon as yesterday. Ms. Ayers: Commissioner, let me be fair to the -- to you. This isn't the first time I have complained. They do come out and clean it periodically, but my complaint is with the NET (Neighborhood Enhancement Team) Office; they see it there, they don't move until I -- the lady you saw that's nude, I called them the first of the month, and you could see this portion of her. She's sick; I've given her money to buy food and whatever. I eventually called the police and had them to Baker Act her, but what is the NET Office doing to let this go continuously? Right now, you all own it because you're going to have that paved for my business, so I'm telling you like it really is, but my point -- this is just around me. The other folk are afraid to complain. Vice Chairman Gonzalez: So -- Ms. Ayers: Why is it that area -- Morningside doesn't look like this? Vice Chairman Gonzalez: So what she's telling us is that that is our property? Ms. Ayers: Well, it will be yours -- Vice Chairman Gonzalez: Is that City of Miami property? Ms. Ayers: -- because you're purchasing it. You're purchasing it. Vice Chairman Gonzalez: Because let me tell you -- Ms. Ayers: It wasn't yours until now. Vice Chairman Gonzalez: Let me tell you, if that is City property and we allow that to happen in our property, how can we demand from other people to keep their house painted, to keep their lawn cut, to -- and let me tell you -- and you brought it up now, and I'm going to address this issue, Mr. -- Madam Manager -- Ms. Ayers: Commissioner, let me -- Vice Chairman Gonzalez: Madam Manager. Ms. Ayers: You all are purchasing it for the -- City of Miami Page /97 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Vice Chairman Gonzalez: 1 have a (UNINTELLIGIBLE) -- Commissioner Allen: OK. Ms. Ayers: -- for me. You all are purchasing it, but -- Commissioner Allen: Yeah. Ms. Ayers -- Ms. Ayers: You just got to that point. Commissioner Allen: Ms. Ayers, let Commissioner Gonzalez complete his statement. Vice Chairman Gonzalez: I have. Ms. Ayers: But I want him to have it straight, though. Vice Chairman Gonzalez: This needs to be taken care of like yesterday, OK, like yesterday, and if we don't own the property -- if we own the property, we need 10 secure the property; we need to fence the property and maintain it until we decide what we're going to do with it. If it's not our property, we need to clean it up; we need to fence it, and we need to lien the property owner for the cost of cleaning up, and fencing the property, and maintain the property clean because no neighborhood should look like that, OK. Now, on that same issue -- Linda Haskins (Deputy City Manager/Chief Financial Officer): And we are putting teeth in the liening [sic] -- Vice Chairman Gonzalez: I'm not finished yet. I'm not finished yet. On that same line, the golf course in Grapeland has a section that looks like another dump of the City of Miami. I'm hereby asking you to please look for a way to clean up that mess over there because that is -- I don't know about that property. I don't know if that is our property or not, but the golf course is our property, and 1 don't see how we can go after senior citizens claiming that they need to paint their houses; they have to fix their houses; they have to pull permits; they have to do this, they have to do that, and we don't take care -- we don't set the example. We need to set the example before we go after other people, so please, I need you to look into this and into Grapeland. I need that garbage removed from there, and we need this garbage removed from this site. Thank you. Ms. Ayers: Commissioner, I'm talking -- Commissioner Allen: Right, OK. Ms. Ayers: -- about this because is local -- Commissioner Allen: Yeah. Ms. Ayers: -- to me. Commissioner Allen: Right. Ms. Ayers: We share the same -- Commissioner Allen: I understand. Ms. Ayers: -- black -- City of Miami Page 198 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Commissioner Allen: Right. Ms. Ayers: -- same block. Commissioner Allen: Right. Now -- Ms. Ayers: And you all are -- let me get this out. You all are purchasing that property for parking for my program. 1 need to tell you that (UNINTELLIGIBLE) -- Commissioner Allen: But -- Ms. Ayers: But I'm not concerned. 1 have to work in the community. They come to me about it. They afraid to come down here; I'm not afraid. Commissioner Allen: I know, but Ms. Ayers, what we're trying to do is address that. 1 understand your passion, so having said that, we're going to address that issue, and I don't know if it's necessary for me to move this item, but clearly, I'm instructing the City Manager to reflect the sign on Northwest 62nd Street and 5th Avenue to reflect "Lemon City/Little Haiti," and so that -- Ms. Ayers: Thank you. Commissioner Allen: OK, and I don't know if I need a motion to do that or a second, but procedurally, that's going to be done, so we've resolved it -- resolved that issue, and thank you very much, OK? Ms. Ayers: Thank you very much. Chairman Sanchez: All right. Commissioner Allen: Thanks. Vice Chairman Gonzalez: All right. Commissioner Allen:: And -- I guess that should do it. I make a motion to adjournment. Chairman Sanchez: No, no, no, no. There's no -- Commissioner Allen: Oh, I'm sorry. Chairman Sanchez: Commissioner Winton, do you have a pocket item? Commissioner Winton: No. NA.5 05-00419 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $30,000, FOR PAYMENT EXPENSES FOR THE CONSTRUCTION BOND AND BUILDER'S RISK INSURANCE FOR THE ALLAPATTAH WYNWOOD DEVELOPMENT, INC., PROJECT TO DEVELOP A DAYCARE CENTER IN THE ALLAPATTAH AREA. Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City o/Miami Page 199 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 R-05-0279 Chairman Sanchez: Well go through the -- can we continue with the pocket items that are -- Commissioner Allen: Yes. Chairman Sanchez: -- very brief? Commissioner Gonzalez. Vice Chairman Gonzalez: 1 was handed a resolution of the City of Miami Commission co -designating Northwest 1st Street, from Northwest 11 th Avenue to Northwest -- Chairman Sanchez: Oh, that's mine. That's my pocket item. Vice Chairman Gonzalez: Oh, OK. Chairman Sanchez: It's my pocket item. Vice Chairman Gonzalez: You want to read it? Go ahead. Chairman Sanchez: No, let -- just -- Do you have a pocket item? Vice Chairman Gonzalez.: Yeah, because I have one. Chairman Sanchez: Oh, you do have one? Vice Chairman Gonzalez.: Yeah. Chairman Sanchez: All right. We'll go with yours. Vice Chairman Gonzalez: All right. Instructing the Manager to allocate monies, approximately $30, 000, and make payment necessary to cover the construction bond and builder's risk insurance for the Allapattah/Wynwood Development Center, Inc. project; develop the daycare center in the Allapattah area. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: That's my motion. Commissioner Regalado: Second. Chairman Sanchez: All right. There's a motion and a second. The motion is made by Vice Chairman Gonzalez, second by Regalado. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Vice Chairman Gonzalez.: All right. NA.6 05-00415 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 1ST STREET FROM NORTHWEST 11TH AVENUE TO NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, AS "AVENIDA MOISES City of Miami Page 200 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 LIBER;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. Motion by Chairman Sanchez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0276 A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously to adjourn today's Commission meeting. Chairman Sanchez: If not, as the Chair, I have one pocket item, and let me just state that this was something that we passed a while ago. Apparently, Public Works, slipped through the cracks, or whatever happened with the co -designation of a resolution that was already passed. We're going to pass it again, and it's a resolution of the City of Miami Commission co -designating Northwest 1st Street, from Northwest 11 th Avenue to Northwest 12th Avenue, Miami, Florida, as Avenida Moises Liber; further directing the City Manager to instruct the Director of Public Works to transmit a copy of this resolution to the herein designated office, and apparently, we had passed this already, and somehow, co -designation, Public Works, moved it over segment, so it -- I have to bring it out and approve it again, so is there any way that we could expedite this because there are people waiting, and people that are prepared to name this street, and apparently, somehow -- and 1 don't want to point the finger at anybody because that's never been my style. I think that we should all work together to get this done, so having said that Commissioner Allen: I'll move the item. Chairman Sanchez: -- I would like to make this motion. I need a second. Commissioner Allen: I'll move the item. Chairman Sanchez: Mr. Vice Chairman, you're running the meeting because I just made -- Commissioner Allen: I'm sorry. Chairman Sanchez: -- a motion. Commissioner Allen: I'll move the item. Vice Chairman Gonzalez: We have a notion -- Chairman Sanchez: And a second. Vice Chairman Gonzalez: -- and a second All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez.: All opposed? The motion carries. Commissioner Allen: Thank you. Vice Chairman Gonzalez: Any other pocket items? Any other matters that needs to be discussed? Commissioner Regalado, nothing? Commissioner Winton? Hello, hello. City ofMiami Page 201 Printed on 5/26/2005 City Commission Verbatim Minutes April 28, 2005 Chairman Sanchez: No, he doesn't have anything. Vice Chairman Gonzalez: Anything else that you need to -- Commissioner Winton: No. Vice Chairman Gonzalez: -- discuss? We're done. Motion to adjourn. Chairman Sanchez: Is always in order. Commissioner Allen: Second. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: There's a motion to adjourn. Is there a second? Commissioner Allen: Second. Chairman Sanchez: I don't think anybody in their right mind is going 10 discuss that, so therefore -- well, the Mayor could veto it, but I don't think he's going to do it, so all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Unidentified Speaker: Nay. Chairman Sanchez: Thank you very much. Madam Clerk, not bad, 5:06. Good evening, everyone. God bless you. Unidentified Speaker: Likewise. City ofM,am, Page 202 Printed on 5/26/2005